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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Meadowbrook Condominium Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (1989)

Citation
Meadowbrook Condominium Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (1989)
Parent Document
Meadowbrook Condominium Ass'n v. South Burlington Realty Corp., 565 A.2d 238 (1989)
Jurisdiction
Vermont (state)
Effective Date
1989-06-23

Other Sections in This Document (98)

Full Text

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In Drexel Properties, Inc. v. Bay Colony Club Condominium, Inc., 406 So. 2d 515 (Fla. Dist. Ct. App. 1981), the court refused to apportion damages awarded with respect to defective or substandard fencing and ceiling roof assemblies. Although the court held that only original purchasers could recover under an implied warranty theory, it allowed the recovery of full damages because “ [t]o conclude otherwise and apportion the damages would penalize the original purchasers____ [T]o receive the benefit of their bargain and be made whole, the amount of damages awarded must equal the sum necessary to • correct the condition.” Id. at 519-20.