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  5. 641 P.2d 983 (1982)
 

SHAFFER v. EARL THACKER CO., LTD.

Nos. 7614, 7946.

641 P.2d 983 (1982)

Joseph SHAFFER, Plaintiff-Appellant, v. EARL THACKER CO., LTD., a Hawaii corporation, Barbara Thompson, Stephen T. Sawyer, and Harriet B. Sawyer, aka Harriet Bouslog, Defendants-Appellees, and King Escrow Service Corp., a Hawaii corporation, Defendant. EARL THACKER CO., LTD., Stephen T. Sawyer, and Harriet B. Sawyer, aka Harriet Bouslog, Plaintiffs-Appellees, v. Joseph SHAFFER, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

As Amended on Granting of Partial Reconsideration March 22, 1982.

Attorney(s) appearing for the Case

Jeffrey Daniel Lau, Honolulu (Fong & Miho, Honolulu, of counsel), for plaintiff-appellant.

Clyde Wm. Matsui, Honolulu, for defendants-appellees Thacker and Thompson in No. 7614.

Michael L. Freed and Earl T. Sato, Honolulu (Hamilton, Gibson, Nickelsen, Rush & Moore, Honolulu, of counsel), for defendants-appellees Sawyers in No. 7614 and plaintiffs-appellees in No. 7946.

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

BURNS, Judge.

This is a consolidated appeal of two cases. In First Circuit Civil No. 57588, Buyer sued Sellers and their brokers, Thacker and Thompson, for the return of the $25,000 he deposited when he contracted to purchase a leasehold lot and a residence thereon and for actual and punitive damages for negligence, misrepresentation, and fraud. In First Circuit Civil No. 57189, Sellers and their broker, Thacker, sued Buyer for permission to keep the $25,000 as liquidated...

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