FFG, INC. v. JONES

No. 10063.

708 P.2d 836 (1985)

FFG, INC., a Hawaii corporation, Plaintiff-Appellant, v. Horace Shepherd JONES and Lee Augustin St. Clair Garland, aka Lee Augusta St. Clair Garland, Defendants-Appellees, and Lee GARLAND, Third-Party Plaintiff-Appellee, v. T.R. BENEDUM, Third-Party Defendant-Appellee, and Stanley HAYES, Trustee, Plaintiff-Appellee, v. FFG, INC., a Hawaii corporation, and John S. Araujo, Defendants-Appellants, and Richard Thomas GRIMM, Priscilla Grimm, American Security Bank, Ltd., a Hawaii corporation, and Hawaii Thrift & Loan, Inc., a Hawaii corporation, Defendants-Appellees, and John Does 1-10, and Doe Partnerships, Corporations or Other Entities 1-10, Defendants, and FFG, Inc., a Hawaii corporation, Counterclaimant and Third-Party Plaintiff-Appellant, v. Stanley HAYES, Trustee, Counterclaim Defendant-Appellee, and Lee Augustin St. Clair GARLAND, aka Lee Augusta St. Clair Garland, Third-Party Defendant and Fourth-Party Plaintiff-Appellee, v. T.R. BENEDUM, Fourth-Party Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

September 20, 1985.


Attorney(s) appearing for the Case

Robert J. Smolenski, Smolenski & Wooddell, Honolulu, (Laura J. Sasaki & James W. Kaywell with him on briefs), for FFG and Araujo.

Gail C. Nakatani, Dinman, Nakamura, Elisha & Nakatani, Honolulu, (Philip L. Lahne with her on brief), for Garland.


BURNS, Chief Judge.

FFG, Inc. (FFG), and John S. Araujo, Sr. (Araujo), appeal the summary judgments 1) dated December 23, 1983, dismissing FFG's claim against Lee Augustin St. Clair Garland, aka Lee Augusta St. Clair Garland (Garland); 2) dated January 11, 1984, dismissing FFG's claim against Horace Shepherd Jones (Horace) to the extent that it is based on the warranties and covenants contained in an assignment dated August 1, 1974 (Assignment I);

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