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SOUKOP v. SNYDER

No. 10393.

709 P.2d 109 (1985)

Harry T. SOUKOP, Plaintiff-Appellee v. Burt L. SNYDER, Defendant-Appellant, and Spencer, Snyder & Stirling, a Hawaii partnership; William G. DuMond; Mel T. Mullaney; Founders Title and Escrow of Hawaii; and DL Enterprises, Inc., Defendants.

Intermediate Court of Appeals of Hawaii.

October 15, 1985.

Attorney(s) appearing for the Case

Alexander C. Marrack (Patricia K. Wall, with him on briefs), Hoddick, Reinwald, O'Connor & Marrack, Honolulu, for defendant-appellant.

Boyce R. Brown, Jr. (Mary Blaine Johnston & Allan F. Suematsu, on brief), Brown & Johnston, Honolulu, for plaintiff-appellee.

TANAKA, Judge.

Defendant Burt L. Snyder (Snyder) appeals the summary judgment in favor of plaintiff Harry T. Soukop (Soukop). The judgment awarded Soukop damages for Snyder's breach of a "guarantee" agreement. Snyder asserts that since there are genuine issues of material fact in the record, summary judgment was improper. We agree and reverse.

The following facts are not in dispute. DL Enterprises, Inc. (DL) is a Hawaii corporation "established to set up an...

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