SMALL v. BADENHOP

No. 9483.

701 P.2d 647 (1985)

Charles Kimball SMALL and Ruth West Small, Plaintiffs-Appellants, Cross-Appellees, v. Alvin BADENHOP and Patricia Porter Badenhop, Defendants-Appellees, Cross-Appellants.

Supreme Court of Hawaii.

Reconsideration Denied July 1, 1985.


Attorney(s) appearing for the Case

Earl S. Robinson, A Law Corp., Honolulu, for plaintiffs-appellants, cross-appellees.

Ronald S. Adelman, Honolulu, for defendants-appellees, cross-appellants.

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


NAKAMURA, Justice.

Charles and Ruth Small brought suit against Alvin and Patricia Badenhop, "seeking to have a constructive trust imposed on two properties [now owned by Alvin Badenhop1], to wit, a 5,141 square-foot property which Plaintiffs [had] owned in fee simple and a 34,091 square-foot property which Plaintiffs had purchased on an agreement of sale." Imposition of a trust was sought on grounds that the smaller parcel had been conveyed...

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