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TITLE GUARANTY ESCROW SERVICES, INC. v. POWLEY

No. 7002.

630 P.2d 642 (1981)

TITLE GUARANTY ESCROW SERVICES, INC., Plaintiff, v. Edison POWLEY, William F. White, and Keith V. Shepherd, Crossclaimed Defendants-Appellants, and Herbert Kazuo Horita and William W. Saunders, Crossclaimant Defendants-Appellees, and Donna Young, Tropic Holdings, Inc., Bob Silverman, dba Bob Silverman & Associates, and Real Estate One Corporation, Defendants.

Intermediate Court of Appeals of Hawaii.

July 1, 1981.

Attorney(s) appearing for the Case

Stanford Manuia, Honolulu (James N. Duca, Honolulu, on the brief), Woo, Kessner & Duca, Honolulu, of counsel, for cross-claimed defendants-appellants.

Gordon D. Nelson & William W. Saunders, Honolulu, pro se and for crossclaimant defendant-appellee Horita.

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

HAYASHI, Chief Judge.

Appeal is taken from the order of the trial court finding that Edison Powley, William F. White, and Keith V. Shepherd (hereinafter Buyers) had forfeited a $50,000.00 deposit paid into escrow as part of the down payment on the purchase of the Diamond Head Beach Hotel by their inability to pay the balance of the down payment in compliance with the terms of the Deposit Receipt, Offer and Acceptance (DROA).

At issue is whether the court erred...

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