Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Scott v. Turner

United States Court of Appeals for the Third Circuit
2009 WL 2965006 (2009)


Bradley and Mary Yohe lived in Pennsylvania. The Yohes obtained a variance to build a road through their property that was narrower than the local zoning ordinance allowed. The variance was good for as long as the Yohes owned the entire parcel, and explicitly did "not extend to subsequent owners." In 1993, the Yohes subdivided the property and sold Lot 2 to Peter and Anne Scott (plaintiffs). Lot 2 was serviced by the non-conforming road through Lot 1, which the Yohes retained. In 2006, Stephen and Nancy Hoke Turner (defendants) agreed to buy Lot 2 from the Scotts. The contract called for the Scotts to convey "good and marketable" title to Lot 2. The Turners pulled out of the contract when they found out about the variance. The Scotts sued for breach of contract, and the Turners counterclaimed for the return of their down payment on the purchase. The federal district court granted the Turners' motion for summary judgment and ordered the Scotts to return the Turners' deposit. The Scotts appealed to the Third Circuit court of appeals.

Rule of Law


Holding and Reasoning (Smith, J.)

What to do next…

  1. 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 499,000 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.

  2. 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 499,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial