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FRANCONE v. McCLAY

NO. 2966.

40 Haw. 475 (1954)

Joseph Richard FRANCONE and Marion Florence Francone v. Samuel McClay and Elizabeth McClay.

Supreme Court of Hawaii.

Decided March 15, 1954.

Attorney(s) appearing for the Case

R.G. Dodge (Heen, Kai, Dodge & Lum on the briefs) for appellants.

D.C. Hamilton (Henshaw, Conroy & Hamilton on the briefs) for appellees.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

OPINION OF THE COURT BY STAINBACK, J.

A bill in equity was filed in the court below seeking specific performance of a contract to lease certain premises in Honolulu. A demurrer to the bill of complaint was interposed which the chancellor overruled and the respondents were given ten days to answer. The respondents elected to stand on their pleadings and appealed to this court from the decision overruling the demurrer.

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