GILBERT KOBATAKE v. KAISER HAWAII-KAI DEV. CO.

No. 5390.

526 P.2d 1205 (1974)

GILBERT KOBATAKE, INC., and Kuwaye Brothers, Inc., Plaintiffs-Appellants, v. KAISER HAWAII-KAI DEVELOPMENT CO. and Kaiser-Aetna, a California general partnership, Defendants-Appellees.

Supreme Court of Hawaii.

September 30, 1974.


Attorney(s) appearing for the Case

Kazuhisa Abe, Honolulu (Abe & Abe, Honolulu, of counsel), and Shuichi Miyasaki, Honolulu (Okumura & Takushi, Honolulu, of counsel), for plaintiffs-appellants.

Frank D. Padgett, Honolulu (Padgett, Greeley & Marumoto, Honolulu, of counsel), for defendant-appellee.

Before RICHARDSON, C.J., KOBAYASHI, OGATA and MENOR, JJ., and KATO, Circuit Judge, in place of LEVINSON, J., recused.


KOBAYASHI, Justice.

Gilbert Kobatake, Inc., and Kuwaye Brothers, Inc., appellants or contractors, appeal to this court from a summary judgment granted Kaiser Hawaii-Kai Development Company, appellee or owner, by the trial court.

We reverse.

Both appellants and appellee agree that the trial court held, as a matter of law, that a document entitled Change Order No. 2, dated June 22, 1967, executed by both the appellants and appellee, resolved all issues...

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