MARS CONSTRUCTORS, INC. v. TROPICAL ENTERPRISES, LTD.

No. 4809.

460 P.2d 317 (1969)

MARS CONSTRUCTORS, INC., Plaintiff-Appellee, v. TROPICAL ENTERPRISES, LTD., Defendant-Appellant.

Supreme Court of Hawaii.

October 27, 1969.


Attorney(s) appearing for the Case

Asa M. Akinaka, Honolulu (Padgett, Greeley, Marumoto & Akinaka, Honolulu, of counsel), for appellee, for the motion.

Clesson Y. Chikasuye, Honolulu, for appellant, contra.

Before RICHARDSON, C.J., ABE, LEVINSON, KOBAYASHI, JJ., and Circuit Judge OKINO in place of MARUMOTO, J., disqualified.


PER CURIAM.

On November 30, 1966, appellant, an owner of real property in Waikiki, and appellee, a general contractor, entered into a contract for the construction of a nineteen-story hotel building.

The contract called for cast-in-place balcony railings; however, an alternate provision in the contract gave the contractor an option to use precast concrete balcony railings, provided the precast method complied with all other requirements of the plans and specifications...

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