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KAIMAN REALTY, INC. v. CARMICHAEL

No. 7431.

655 P.2d 872 (1982)

KAIMAN REALTY, INC., a Hawaii corporation, Plaintiff-Appellant, Cross-Appellee, v. Duncan William CARMICHAEL, William Langas, and Robert George Morrow, Defendants-Appellees, Cross-Appellants.

Supreme Court of Hawaii.

December 29, 1982.

Attorney(s) appearing for the Case

William F. Crockett, Wailuku (Crockett & Nakamura, Wailuku, of counsel), for the writ and on the brief, for plaintiff-appellant and cross-appellee Kaiman Realty, Inc.

Edward F. Mason, Wailuku (Mason & Scott, Wailuku, of counsel), for defendants-appellees and cross-appellants Carmichael, respondents.

Before RICHARDSON, C.J., LUM and NAKAMURA, JJ., and OGATA and MENOR, Retired Justices, assigned temporarily.

PER CURIAM.

In an action for specific performance, under an agreement of sale, filed by the plaintiff-appellant Kaiman Realty against defendants-appellees Carmichael, Langas, and Morrow, the trial court denied specific performance but granted other relief. The trial court determined that time was of the essence and that the buyer, Kaiman Realty, had failed to perform in a timely fashion. Accordingly, it denied Kaiman Realty's request for specific performance. The...

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