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BUTLER v. OBAYASHI

No. 13819.

785 P.2d 1324 (1990)

Robert BUTLER, Plaintiff-Appellant, v. June T. OBAYASHI, Defendant-Appellee.

Supreme Court of Hawaii.

January 30, 1990.

Attorney(s) appearing for the Case

Brian R. Jenkins, Rush, Moore, Craven & Stricklin, Kahului, Maui, for plaintiff-appellant.

Calvin K. Murashige, Shiraishi, Yamada & Murashige, Lihue, Kauai, for defendant-appellee.

Before PADGETT, Acting C.J., HAYASHI and WAKATSUKI, JJ., Retired Justice NAKAMURA, assigned by reason of vacancy, and Intermediate Court of Appeals Chief Judge BURNS, in place of LUM, C.J., recused.

PADGETT, Justice.

This is an Hawaii Rules of Civil Procedure (HRCP) 54(b) appeal from an order entered below dismissing the complaint.

The complaint contained two counts. In the first count, appellant prayed for the amount of $48,080.15 as the balance due upon a contract for work in renovating appellee's home. The second count purports to sound in "tortious breach of contract" and alleges that the refusal to pay the remaining balance of $48,080.15 was done...

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