The plaintiffs sought damages for alleged breach of an agreement of purchase and sale requiring the vendor to remove all existing structures, including foundations and the concrete slab on grade, from a commercial property.
After a trial focused largely on credibility and proof of loss, the court found the vendor had completed the demolition work, including removal of the slab and footings, and rejected the plaintiffs' factual allegations to the contrary.
The court also found that any alleged delay tied to a vendor's lien resulted from the plaintiffs' own inaction and that no actual out-of-pocket losses were proven.
The action was dismissed, and judgment on the defendant's crossclaim directed payment out of the $65,000 holdback plus accrued interest.
