HAWAII BUILDERS SUPPLY v. KANETA

No. 3062.

42 Haw. 111 (1957)

HAWAII BUILDERS SUPPLY CO., LTD. v. HARRY M. KANETA.

Supreme Court of Hawaii.

Decided September 20, 1957.


Attorney(s) appearing for the Case

William B. Cobb (Levinson & Cobb on the briefs) for appellant.

Valdemar H. Myhre (Samuel P. King with him on the brief) for appellee.

RICE, C.J., STAINBACK AND MARUMOTO, JJ.


OPINION OF THE COURT BY MARUMOTO, J.

This is an appeal by plaintiff from a judgment of the circuit court in favor of defendant in a jury waived case for recovery of the price of lumber sold by plaintiff to defendant. In arriving at its decision the trial court sustained defendant's defense of novation. We are asked to reverse the judgment on the ground that the finding of the trial court on the question of novation is clearly...

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