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MAYER v. ALEXANDER AND BALDWIN, INC.

Nos. 5468-5471.

532 P.2d 1007 (1975)

Oscar M. MAYER and Margaret H. Mayer, Plaintiffs-Appellants, v. ALEXANDER AND BALDWIN, INC., a Hawaii Corporation, Defendant-Appellee. ALEXANDER AND BALDWIN, INC., a Hawaii Corporation, doing business as A & B Commercial Company, Plaintiff-Appellee, v. John M. MINER, Defendant-Appellant, and Abe Construction, Inc., a Hawaii Corporation, Defendant. ALEXANDER AND BALDWIN, INC., a Hawaii Corporation, doing business as A & B Commercial Company, Plaintiff-Appellee, v. Glenn T. SKEELS and Margaret T. Skeels, Defendants-Appellants, and Abe Construction, Inc., a Hawaii Corporation, Defendant. ALEXANDER AND BALDWIN, INC., a Hawaii Corporation, doing business as A & B Commercial Company, Plaintiff-Appellee, v. Jack E. VOCKRODT and Euphrence F. Vockrodt, Defendants-Appellants, and Abe Construction, Inc., a Hawaii Corporation, Defendant.

Supreme Court of Hawaii.

March 3, 1975.

Attorney(s) appearing for the Case

Charles R. Wetter, Langa, Kohne, Wetter & Moen, Wailuku, for appellant.

William F. Crockett, Crockett & Crockett, Wailuku, for appellee.

Before RICHARDSON, KOBAYASHI, OGATA and MENOR, JJ., and LEWIS, Retired Justice, assigned by reason of vacancy.

LEWIS, Justice.

Alexander and Baldwin, Inc. through its division A & B Commercial Company, hereinafter referred to as "A & B," became surety on performance bonds for the construction by Abe Construction, Inc. of homes for appellants, hereinafter referred to as "owners." There were four separate contracts. After partial performance of each contract, the contractor, in July, 1969, abandoned the work and ceased doing business. On July 10, 1969, A & B notified...

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