Wednesday, December 18, 2013

Indoe v. Dwyer case brief

Indoe v. Dwyer case brief summary
424 A.2d 456 (1980)

Plaintiff, putative sellers, filed a motion for summary judgment for breach of realty contract. Defendants, putative purchasers, filed a motion for summary judgment for a dismissal of the complaint.

Plaintiffs, putative sellers, filed an action against defendants, putative purchasers, for breach of a contract for the purchase of real estate. Plaintiffs filed a motion for summary judgment, alleging that defendants breached the contract by their failure to consummate the purchase in accordance with the agreement, and that their attorney's notification of disapproval was not sufficient to excuse them from such performance. Defendants also filed a summary judgment motion, contending that there was no breach of contract as the inclusion of the attorney approval clause in the agreement rendered its efficacy contingent upon the approval of either party's attorney.


  • The court denied plaintiffs' motion for summary judgment for damages and granted defendants' motion for summary judgment dismissing the complaint. 
  • The court held that the contract was terminated by operation of the attorney approval contingency provision. 
  • The court noted that there was no basis for a claim of bad faith or capriciousness on the part of defendants, or their attorney, in the use of this contingency provision, which would render the notice of disapproval ineffective.

The court granted summary judgment in favor of defendants, putative purchasers, and denied the motion for summary judgment of plaintiffs, putative sellers, holding that the disapproval in good faith by defendants' attorney effectively terminated the contract for the purchase of real estate and, therefore, no breach occurred.

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