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Ryan v. Ocean Twelve, Inc.

Delaware Chancery Court, Sussex County
316 A.2d 573 (1973)


Facts

John Ryan, owner of an eight-unit condominium building and several of the building’s residents (plaintiffs), filed suit in Chancery Court (equity court) against the building’s developer, Ocean Twelve, Inc. (defendant), alleging breach of warranty and seeking specific performance after Ocean Twelve agreed but failed to complete needed construction work on the units at the time the titles to the units were transferred to plaintiffs. Plaintiffs alleged they relied upon the express representation of Ocean Twelve that their list of deficiencies would be completed in a timely manner. In addition, each plaintiff was provided with an Agreement of Warranty setting forth the guarantees of Ocean Twelve against defective material and workmanship. Ocean Twelve filed a motion to dismiss the complaint for lack of jurisdiction.

Rule of Law

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Issue

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Holding and Reasoning (Brown, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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