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KIPAHULU INV. CO. v. SELTZER PARTNERSHIP

No. 8621.

675 P.2d 778 (1983)

KIPAHULU INVESTMENT COMPANY, a Hawaii general partnership, Plaintiff-Appellant, v. SELTZER PARTNERSHIP, a Pennsylvania general partnership, Isabelle Seltzer Fleck and Doris Seltzer Barrow, Defendants and Third-Party Plaintiffs-Appellees, v. W. Dudley CHILD, Jr., Glenn M. Lovejoy, Clyde D. Doran, Robert N. Herkes, James H. Case, James W. Boyle, Samuel A. Cooke, Charles M. Cooke IV, Larry M. Johnson and American Trust Company of Hawaii, Inc., as the Trustee under Trust Agreement of G.L. Thoele Co., Ltd., Pension Trust, Third-Party Defendants-Appellants.

Intermediate Court of Appeals of Hawaii.

December 9, 1983.

Attorney(s) appearing for the Case

Terence J. O'Toole, Honolulu (Jerold T. Matayoshi, Honolulu, with him on briefs; Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel), for plaintiff-appellant and third-party defendants-appellants.

Wesley W. Ichida, Honolulu (William W.L. Yuen, Honolulu, with him on briefs; Case, Kay & Lynch, Honolulu, of counsel), for defendants, third-party plaintiffs-appellees.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

BURNS, Chief Judge.

Plaintiff Kipahulu Investment Company (Kipahulu), a Hawaii general partnership, appeals the judgment denying its claim against defendants Seltzer Partnership (Seltzer), a Pennsylvania general partnership, and its partners for damages for breach of a land sale contract. Kipahulu and its partners appeal the $34,552.04 judgment against them in favor of Seltzer and its partners for breach of the same contract. We affirm.

In July 1973 Kipahulu...

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