URBAN RESEARCH STUD., ETC v. TERUYA & SONS

No. 7834.

639 P.2d 1115 (1982)

URBAN RESEARCH STUDIES AND DEVELOPMENT, LTD., a Hawaii corporation, Plaintiff-Appellant, v. TERUYA & SONS, LIMITED, a Hawaii corporation, Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

February 2, 1982.


Attorney(s) appearing for the Case

Richard F. Dvonch, Honolulu, for plaintiff-appellant.

Ton Seek Pai, Okumura, Takushi, Funaki & Wee, Honolulu, for defendant-appellee.

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


PADGETT, Judge.

The action below was one for specific performance of an alleged agreement to extend an option for the lease of land. Summary judgment was granted in favor of defendant-appellee, the optionor, on the ground that plaintiff-appellant had exercised the option and there thus was no occasion for an extension of the same. In addition, the court below denied appellant's motion to amend its complaint by adding a second count which, in effect, alleged the frustration...

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