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BAMBICO v. PEREZ

No. 6594.

631 P.2d 592 (1981)

Glory P. BAMBICO, Plaintiff-Appellant, v. Victor B. PEREZ, Jr., and Teresita E. Perez, Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

July 20, 1981.

Attorney(s) appearing for the Case

Randy Y.F. Hew, Fong, Miho & Robinson, Honolulu, for plaintiff-appellant.

Robert A. Franklin, Honolulu, for defendants-appellees.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

PER CURIAM.

The parties to an unperformed residential sales transaction each claimed entitlement to the Buyer's $16,000 down payment. After a bench trial, the lower court required the Sellers to return $4,000 but allowed them to keep $12,000. The Buyer appeals claiming entitlement to the entire $16,000. We hold in favor of the Buyer.

By Initial Payment Receipt and Contract (IPRC) dated November 26, 1973, Defendants-Appellees Mr. and Mrs. Perez (Sellers) agreed...

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