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WINDWARD PARTNERS v. LOPES

No. 7795.

640 P.2d 872 (1982)

WINDWARD PARTNERS, a Hawaii partnership, Plaintiff-Appellee, v. George N. LOPES, Jr., and Nancy Lopes, Defendants-Appellants.

Intermediate Court of Appeals of Hawaii.

February 18, 1982.

Attorney(s) appearing for the Case

Ronald J. Endrizal, Honolulu (Robert A. Franklin, Honolulu, on the opening brief), for defendants-appellants.

Connie G.W. Meredith, Honolulu, for plaintiff-appellee.

Before HAYASHI, C.J., and CHANG and TSUKIYAMA, Circuit Judges, in place of PADGETT, J., recused and BURNS, J., disqualified.

PER CURIAM.

In this appeal, the Buyers appeal the grant of summary judgment to the Sellers which cancelled the Agreement of Sale and dismissed the Buyers' counterclaim.

At issue is whether summary judgment was appropriately granted in a breach of contract action where the Sellers, at the time performance was due, were unable to convey the property pursuant to the terms of the agreement, and where the Buyers' failure...

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