Legal Opinion

Fairway Developers, Inc. v. Marcum

Indiana Court of Appeals

Decided August 11, 2005No. 22A01-0501-CV-25PublishedCited by 6 opinions

1Opinion of the Court

OPINION

BAKER, Judge.

Appellant-defendant Fairway Developers, Inc. (Developer) appeals the trial court's judgment in favor of appellees-plaintiffs Camel and Elsie Mareum (Sellers). Specifically, Developer argues that the trial court erred in ordering specific performance of a real estate contract. Finding that the liquidated damages clause should have been enforced, we reverse and remand.

FACTS

During 20083, Developer was creating a commercial real estate development in New Albany that, if approved, would include the Sellers' real estate in a Planned Unit Development (PUD). Gary L. McCartin,…

2Cases cited5 opinions

  1. Urbanational Developers, Inc. v. Shamrock Engineering, Inc.Indiana Court of Appeals · 1978
  2. Roy A. Miller & Sons, Inc. v. Industrial Hardwoods Corp.Indiana Court of Appeals · 2002
  3. Ruder v. Ohio Valley Wholesale, Inc.Indiana Court of Appeals · 2000
  4. New Welton Homes v. EckmanIndiana Supreme Court · 2005
  5. Henry v. HenryIndiana Court of Appeals · 2001

3Cited by6 opinions

  1. Prime Mortgage USA, Inc. v. NicholsIndiana Court of Appeals · 2008
  2. Estate of Mueller v. KarnsIndiana Court of Appeals · 2007
  3. Coppolillo v. CortIndiana Court of Appeals · 2011
  4. In Re Estate of JohnsonIndiana Court of Appeals · 2006
  5. Pritika Patel, Kala Patel v. Bhupen Ray, Amy Ray, Indiana Hospitality Real Estate & Management, LLCIndiana Court of Appeals · 2014

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