Carey Station Village, Inc. (referred to below as the developer), purchased real estate near a Georgia lake
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The developer filed a counterclaim asserting that the association committed the tort of interference with contractual relations. According to the developer, actions by the association caused a number of purchasers of the developer's lots to default on their promissory notes. In addition, the developer contended that the association's actions adversely affected the developer's ability to sell its remaining lots at market value. The developer sought to recover damages resulting from the foreclosures referred to above, as well as damages allegedly incurred when the developer's remaining 27 lots were sold at a price below market value. The case was tried to a jury in a Georgia court. The trial judge denied the association's motion for a directed verdict on the developer's interference with contractual relations counterclaim. The jury found in favor of the association on its claim for unpaid dues and assessments and awarded it $40,527.09. The jury also found in favor of the developer on its counterclaim and awarded it $211,250. The trial judge entered a judgment in favor of the developer in the amount of $170,722.91, the net amount once the damages awarded to the association were offset against the greater amount of damages awarded to the developer. The association appealed. Should the association have been held liable on the developer's counterclaim?
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Business Law The Ethical Global and E-Commerce Environment
ISBN: 978-0071317658
15th edition
Authors: Jane Mallor, James Barnes, Thomas Bowers, Arlen Langvardt
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