Delaware Court of Chancery
610 A.2d 1377 (1992)
Robert Ryan (plaintiff) is a 69-year-old retired laborer with a ninth grade education. In 1971, Ryan and his wife purchased a home for $8,600.00 and took out a mortgage. By 1984, Ryan was in arrears. The mortgage lender instituted foreclosure proceedings and obtained a default judgment against him. At that time, the fair market value of the home was $19,800.00 and the balance of the mortgage was $8,000.00. Norman Weiner (defendant), a licensed real estate broker, went to Ryan’s home unsolicited on May 13, 1984. Ryan believed that Weiner was offering to lend him money to pay off his arrears. Early the next morning, Weiner took Ryan to Weiner’s lawyer to sign several documents. The documents were not explained to Ryan, and Ryan was not advised he had the right to seek legal advice. Ryan believed he was signing loan documents, but in fact, he signed a deed transferring his property to Weiner. The deed stated that Ryan received $7,000.00 in consideration, but Ryan was not compensated for the house. Moreover, Weiner never paid off the balance of the outstanding mortgage or satisfied the default judgment against Ryan. Thus, Ryan remained personally liable for the mortgage. Ryan remained in the home as a tenant of Weiner’s. Although his rent was initially close to the amount of the monthly mortgage, Weiner raised it substantially over the course of seven years. By May 1991, Weiner believed he had paid more than the amount he owed Weiner and stopped making payments. Weiner commenced a summary proceeding in the justice of peace court to evict Ryan. The court stayed the proceeding in order for this court to determine whether the deed should be canceled.
Rule of Law
Holding and Reasoning (Allen, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 203,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.