RYAN V. OCEAN TWELVE, INC.
316 A.2d 573 (1973)
NATURE OF THE CASE: Ocean (D) motioned to dismiss Ryan's (P) action for breach of
contract and specific performance or in the alternative money damages.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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