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EARL M. JORGENSEN CO. v. MARK CONSTRUCTION, INC.

No. 5543.

540 P.2d 978 (1975)

EARL M. JORGENSEN CO., Plaintiff and Counterclaim Defendant-Appellee, v. MARK CONSTRUCTION, INC., Defendant and Counterclaimant-Appellant.

Supreme Court of Hawaii.

September 30, 1975.

Attorney(s) appearing for the Case

Frank D. Padgett, Honolulu (Alan M. Goda, Honolulu, with him on the briefs, Padgett, Greeley, Marumoto & Steiner, Honolulu, of counsel), for defendant and counterclaimant-appellant.

Wallace Klein, Honolulu (Jared H. Jossem, Charles E. Murphy, Honolulu, with him on the brief, Torkildson, Katz & Conahan, Honolulu, of counsel), for plaintiff counterclaim defendant-appellee.

Before RICHARDSON, C.J., KOBAYASHI, OGATA and MENOR, JJ., and WONG, Circuit Judge, assigned by reason of vacancy.

MENOR, Justice.

This case arises out of a contract for the sale of some 3,468 lineal feet of sectional steel plate. The seller-appellee, Earl M. Jorgensen Co., sued the purchaser-appellant, Mark Construction, Inc., for the unpaid balance of the purchase price. Mark counterclaimed for damages allegedly resulting from Jorgensen's failure to supply material conforming to specifications. Jorgensen moved for summary judgment on the counterclaim, contending that its liabilities...

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