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HomeMy WebLinkAbout1272 ~s i consideration for such deed. i~i i h) Such deed contained a covenant of quiet enjoyment. i) On or about May 9, 1979, Plaintiffs were tendered a document entitled "Assignment of Use of Parking Space". j) Pursuant to their purchase of the above condominium parcel, Plaintiffs agreed to pay their pro rata share of the maintenance expenses of the condominium in accordance with the Declaration of Condominium. 2. Evidence. Documentary and other evidence listed and presented at the Pre-Trial Conference shall be admitted into evidence without objection except as hereinbelow reserved. See Exhibit "A" attached hereto. 3. Other Provisions: a) Plaintiffs' ore tenus motion for leave to amend his complaint so as to separate the claim for specific performance and for damages contained in Count I is granted. b) Defendant's motion to deny trial by jury on the specific performance claim in Count I is granted, but ? ` Plaintiffs are allowed to pursue their right to jury trial on the aforesaid claim for damages. c) Defendant is required to comply with the { Plaintiffs request to produce dated February 15, 1979, by ~ Friday, May 18, 1979 at 5:00 P.M., or state why they are unable to do so. 4. Expert Witnesses. May be called out of turn by either party. i 5. Witnesses. Only those witnesses listed at the y Pre-Trial Conference and names filed with the Clerk will be ~ permitted to testify, except the parties themselves and impeachment witnesses. Either party may call any witness s listed by any other party. 6. Peremptory Challenges. Plaintiff shall have 3 5 - ~ ~ f gc~x ~3U9 ~AuE 12?1 ¢Y t