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WIXOM v. GILES

No. 2794.

39 Haw. 161 (1951)

DONALD WIXOM AND BETTY G. WIXOM v. STANLEY E. GILES AND GRACE GILES.

Supreme Court of Hawaii.

Decided November 27, 1951.

Attorney(s) appearing for the Case

R.G. Hogan (also on the briefs) for appellants.

D.G. Ridley (Landau & Fairbanks with him on the briefs) for appellees.

LE BARON AND TOWSE, JJ., AND CIRCUIT JUDGE SAPIENZA IN PLACE OF KEMP, C.J., RETIRED.

OPINION OF THE COURT BY LE BARON, J.

The plaintiffs brought garnishee action in assumpsit at law against the defendants.

The complaint of the plaintiffs alleges in substance that they purchased certain businesses from the defendants for "the agreed consideration * * * [of] $25,000.00 * * * to be paid as follows: $8,000.00 cash down and the balance of $17,000.00 * * * payable at the rate of $384.00 per month"; that...

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