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SOARES v. FREITAS

No. 2656.

38 Haw. 64 (1948)

MARIE FERNANDEZ SOARES v. ERNEST JOSEPH FREITAS AND AGNES SOARES FREITAS, HUSBAND AND WIFE.

Supreme Court of Hawai`i.

Decided March 15, 1948.

Attorney(s) appearing for the Case

W.C. Tsukiyama for appellants.

King & McGregor for appellee.

KEMP, C.J., PETERS AND LE BARON, JJ.

OPINION OF THE COURT BY LE BARON, J.

(Peters, J., dissenting.)

This is a suit in equity, brought by the petitioner against the respondents, to cancel a written agreement for the sale of real estate between the petitioner as seller and the respondents as purchasers. It is predicated upon the ground of actual and constructive fraud on the part of the respondents, the petitioner alleging in her petition that she relied upon misrepresentations of the respondents...

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