FRANCONE v. McCLAY

NO. 2989.

41 Haw. 72 (1955)

JOSEPH RICHARD FRANCONE AND MARION FLORENCE FRANCONE v. SAMUEL McCLAY AND ELIZABETH McCLAY.

Supreme Court of Hawaii.

Decided May 20, 1955.


Attorney(s) appearing for the Case

R.L. Dodge (Heen, Kai, Dodge & Lum with him on the briefs) for respondents-appellants.

D.C. Hamilton (Henshaw, Conroy & Hamilton with him on the brief) for petitioners-appellees.

TOWSE, C.J., STAINBACK, J., AND CIRCUIT JUDGE McKINLEY IN PLACE OF LE BARON, J., ABSENT.


OPINION OF THE COURT BY STAINBACK, J.

This is an appeal from the decree of the chancellor ordering appellants to specifically perform a written contract to enter into a 65-year term lease with the appellees for certain real property situate at Waikiki, in Honolulu.

The agreement of the parties sought to be specifically enforced is set forth in the bill of complaint and Exhibit "A" attached thereto filed by the appellees...

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