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HARADA v. BURNS

No. 4670.

50 Haw. 528 (1968)

445 P.2d 376

LYMAN T. HARADA, et al. v. EDWARD J. BURNS, et al., and FLORENCE A. ELLIS, et al.

Supreme Court of Hawaii.

September 26, 1968.

Attorney(s) appearing for the Case

William S. Ellis, Jr., Appellant pro se.

Ralph E. Corey for Appellants Except William S. Ellis, Jr.

William F. Crockett (Crockett and Langa of counsel) for Plaintiffs-Appellees.

RICHARDSON, C.J., MARUMOTO, ABE, LEVINSON, JJ., AND CIRCUIT JUDGE DOI ASSIGNED BY REASON OF VACANCY.

OPINION OF THE COURT BY LEVINSON, J.

In a mortgage foreclosure action brought by the plaintiffs-appellees, the defendants-appellants counterclaimed for damages for breach of a partial release covenant in the mortgage. This appeal concerns the disposition of the counterclaim in the trial court.

The mortgage agreement contained the following partial release covenant:

AND the Mortgagees further covenant and agree with the Mortgagors (1) that they will...

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