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condominiwa as deposit and
(2) By reducinq the price of Unit 613 to
$55,900.00, ~
which accounted for the balance of the $35,360.00 that the
plaintiffs had paid to Ocean Dunes North for the two condominiums.
TAE COURT FINOS that Tony Sotolonqo wa~ president of~both
~orporations when he dealt with the plaintiffs and, from the
evidence ~ ac~duced, ,Sotolonqo had actual and apparent authQrit~r__~ :
to make such sales and an arranqement with the plaintiffs. Tony
Sotolongo's Secretary, Lorraine Woodward, had an existing -
contract on Unit 613 when Tony Sotolongo made the new agreement
on Unit 613 with the plaintiffs. Lorraine Woodward had paid
$7,390.00, as deposit on said Unit 613, but agreed with her
~ employer, Tonx Sotolongo, to assign her interest in the contract
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~ to the plaintiffs, which testimony is unrebutted. It is further
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= noted here by the Court that Lorraine Woodward never received a
~ refund of her deposit from Tony Sotolongo or Ocean Dunes of
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Hutchinson Island. The testimony of Lorraine Woodward was that
she was to receive her deposit plus $15,000.00, but the Court finds
there was never any written notation agreeing to the payment of
an additional $15,000.00 to Lorraine Woodward, which is barred by
the statute of frauds. The Court notes that Tony Sotolongo has
left the country and his whereabouts is unknown.
~ The plaintiffs ask for specific performance or actual damages
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including punitive damages from the defendant, Ocean Dunes of
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~ Hutchinson Island Development Corporation, formerly Ocean Dunes
Development Corporation. The plaintiffs also sued the Esc=ow Agent,
Darlson & Bobko, and Lorraine~Woodward as well.
THE COURT FINDS that Dcean Dunes of Hutchinson Island Develop-
ment Corporation has completed construction of the condominium in
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whichUnit No. 613 now exists. The developer cross-claimed against
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the plaintif.fs.for fraud, as well as Defendant, Lorraine Woodward.
The contract provided that the only remedy the purchasers-
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~ plaintiffs had was the return of their money, however, the developer ~
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