Indoe v. Dwyer

424 A.2d 456 (1980)

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Nature of the Case

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Facts

Indoe (P) had a house for sale. Dwyer (D) was interested in the house, and Mrs. D got approval from her husband to make a bid on the house. Mrs. D signed a Realtor contract which P immediately accepted. However, later that evening when the contract was returned to Mrs. D she was upset because the wall to wall carpeting in the house was not included in the sale. D immediately got a hold of their attorney who noticed that an attorney approval clause was in the contract at which point the attorney notified Ps that the sale would not go through as he, the attorney did not approve. Eventually, P discovered that this was because of the carpet, the septic system, the closeness of the pool to the kitchen doors, the little time to pay off the mortgage contingency, and the fact that Mr. D had not signed the contract. P sued Ds for a breach of contract. Ps contended that their attorney's notification of disapproval was not sufficient to excuse Ds from performance; the attorney disapproval clause does not permit disapproval for unspecified reasons nor for any of the reasons disclosed in D's interrogatories. Both parties moved for summary judgment.