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JENKINS v. WISE

No. 5885.

574 P.2d 1337 (1978)

Irving A. JENKINS and May C. Jenkins, Plaintiffs-Appellees, v. Louise H. WISE, Defendant-Appellant, and Eugene W. Wells and Margaret Wells, Interveners. Irving A. JENKINS and May S. Jenkins, Plaintiffs-Appellees, v. Louise Hoover WISE and Werner Georg Ehrensberger, Defendants-Appellants, and Eugene W. Wells and Margaret Wells, Interveners.

Supreme Court of Hawaii.

February 8, 1978.

Attorney(s) appearing for the Case

Curtis W. Carlsmith, Honolulu, for defendant-appellant.

Clinton I. Shiraishi, Lihue, for plaintiffs-appellees.

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

MENOR, Justice.

This is an appeal from a judgment of the circuit court decreeing the cancellation of certain agreements of sale at the instance of the vendors and denying the counterclaim of the purchasers for specific performance. The purchasers appeal.

Plaintiffs below, Irving A. Jenkins and his wife, May Jenkins (hereinafter "Jenkins" or "Sellers"), were the owners of two adjacent parcels of land at Aliomanu, Anahola, Kauai: Tax Map Key No. 4-9-04-18 (hereinafter...

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