Ryan v. Ocean Twelve, Inc.

316 A.2d 573 (1973)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Ps are the owners of eight residential dwelling units in a condominium. D was the developer and builder. Ps alleged that D had not completed all construction work on the units. Ps were allegedly induced into final settlement by express representations that a list of deficiencies would be compiled and that subsequent to final settlement the incomplete work set forth on each list would be completed by D. Each P was provided with an 'Agreement of Warranty' setting forth the guarantees of D against defective material and workmanship. Ps as a group sued D for uncompleted work and defects. Some of the defects were global to the units such as rood leaks, central sewer, improper driveway, and air conditioning not working but others were individual. Ps sought specific performance or in the alternative a judgment for compensatory and punitive damages. D contends that the Chancellery Court has no jurisdiction because Ps have an adequate remedy at law.