DIAS v. VANEK

Nos. 9213, 9254.

679 P.2d 133 (1984)

Joseph S. DIAS, Jr. and Bernadine A. Dias, Plaintiffs-Appellants, v. Robert W. VANEK and Jimmie Lou Vanek, and Diversey (Hawaii) Ltd., Defendants-Appellees. Joseph S. DIAS, Jr. and Bernadine A. Dias, Plaintiffs-Appellees, v. Robert W. VANEK and Jimmie Lou Vanek, Defendants-Appellants, and Diversey (Hawaii) Ltd., Defendant-Appellee.

Supreme Court of Hawaii.

March 29, 1984.


Attorney(s) appearing for the Case

Philip D. Bogetto, Honolulu, for plaintiffs-appellants.

Allan H. Gifford, Rohlfing, Smith & Coates, Honolulu, for defendants-appellees Vaneks.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.


WAKATSUKI, Justice.

Two questions arise out of Cases No. 9213 and No. 9254 which were consolidated and tried on the merits before a jury in the first circuit court. In Case No. 9213, the question is whether the trial court erred in adding the Buyers' $20,000 down payment to the jury verdict of $6,263 as damages to the Sellers as the result of the Buyers' breach of an Agreement of Sale. We hold that error was committed and remand for the determination of only the amount...

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