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CONTINENTAL DEVELOPERS, LTD. v. HENSEL

No. 5719.

560 P.2d 1306 (1977)

CONTINENTAL DEVELOPERS, LTD., Plaintiff-Appellant, Cross-Appellee, v. George Eddy HENSEL and Jeannette H. Lent, Defendant-Appellee, Cross-Appellant.

Supreme Court of Hawaii.

Rehearing Denied April 27, 1977.

Attorney(s) appearing for the Case

Ronald G.S. Au and Dennis W. Potts, Honolulu, for plaintiff-appellant, cross-appellee.

Carroll S. Taylor, Honolulu (Chun, Kerr & Dodd, Honolulu, of counsel), for Jeannette H. Lent.

Before RICHARDSON, C.J., and KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.

KIDWELL, Justice.

This action was brought by Appellant against George Eddy Hensel and Jeannette H. Lent to recover the sum of $5000 paid as a deposit by Appellant under a "Deposit Receipt, Offer and Acceptance" contract (DROA) entered into between Appellant as buyer, and Hensel, as seller. Although only Hensel is named as seller in the DROA, he was unserved and the action has proceeded against defendant-appellee Jeannette H. Lent as though she were the seller. After...

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