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has a right to resort to any equitable remedy to which the
developer may be entitled. The Court miqht note here that in
the event of a default by the purchaser, the developer is
entitled to attorney's fees and costs, whereas, in the case of ~
~ a default by the developer, the purchaser is not entitled to
such relief under the aqreement. _
THE COURT FINDS that this contract does not contain
mutuality as it should. Sauce for the goose is sauce for the
qander. If the developers can enforce the agreement against
the purchasers in the event the condominium market or the price
of this condominium should drop and qet attorney's~fees, then
the purchaser should likewise be legally and equitably entitled ~
to compel developer/seller to comply with the contract by specific
performance as well as receive attorney's fees: Sspecially where •
the condominium has been congtructed--it would be a manifest .
injustice in this case not to compel specific performance, since
plaintiffs' damages would amount only to the deposit stated in
the,contract with defendant, Ocean Dunes Development Corporation.
The Court in making the following orders is cognizant that it is
exercising its equitable jurisdiction. It is therefore
i ORDERED AND ADJUDGED that the plaintiffs are entitled to
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E specific performance of their agreement for the purchase of Unit
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E 613 in Ocean Dunes of Hutchinson Island Development Corporation's
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~ condominium. It is-further ~ -
s ~
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~ ORDERED AND ADJUDGED that the plaintiffs are entitled to ~
~ attorney~'s fees from Ocean Dunes of Hutchinson Island Development
~ Corporation, plus the costs of this suit. It is further
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~ ORDERED AND ADJUDGED that on Lorraine Woodward's cross-claim
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' she is entitled to damages against~Ocean Dunes of Hutchinson
Island Development Corporation only in the amount of $7,390.00, ~
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8~4~4 ~ 99r?
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