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SCHRADER v. BENTON

No. 7511.

635 P.2d 562 (1981)

Dean SCHRADER and Barbara L. Schrader, husband and wife, Plaintiffs-Appellees, v. Charles W. BENTON and Elizabeth L. Benton, husband and wife, Defendants-Appellants.

Intermediate Court of Appeals of Hawaii.

October 26, 1981.

Attorney(s) appearing for the Case

Jeffrey D. Lau, Honolulu (Fong & Miho, Honolulu, of counsel), (Frank D. Padgett, Honolulu, on the briefs), for defendants-appellants.

Nelson Christensen, Lahaina, for plaintiffs-appellees.

Before HAYASHI, C.J., BURNS, J., and KATO, Circuit Judge, in place of PADGETT, Associate Judge, disqualified.

BURNS, Judge.

Defendants-Appellants Charles and Elizabeth Benton (Sellers) appeal the lower court's summary judgment requiring them to specifically perform their contract to sell a condominium apartment to Plaintiff-Appellees Dean and Barbara Schrader (Buyers).

We hold that the lower court erred in granting summary judgment and we reverse.

For purposes of this opinion, we assume the following facts although, as hereinafter noted, some of them are not...

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