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CLARKE v. TITLE GUAR. CO., ETC., ET ALS.

No. 4084.

44 Haw. 261 (1960)

353 P.2d 1002

HENRY DeB. CLARKE AND ALICE CLARKE v. TITLE GUARANTY CO. OF HAWAII, A REGISTERED HAWAII CO-PARTNERSHIP, CONSISTING OF KENNETH MAKINNEY AND DAVID T. PIETSCH, CO-PARTNERS, HOWARD E. BALL, RUTH IRENE BALL, HOWARD A. REYNOLDS, AND SIGURD E. JOHNSON.

Supreme Court of Hawaii.

May 24, 1960.

Attorney(s) appearing for the Case

D.N. Ingman (also on the opening brief, but no reply brief) for appellants.

Frank D. Gibson, Jr. (Henshaw, Conroy and Hamilton with him on the brief) for appellees Howard E. Ball and Ruth Irene Ball.

Arthur H. Spitzer (on the brief, but no oral argument) for appellees Howard A. Reynolds and Sigurd E. Johnson.

TSUKIYAMA, C.J., MARUMOTO, CASSIDY, WIRTZ AND LEWIS, JJ.

OPINION OF THE COURT BY TSUKIYAMA, C.J.

This litigation arose from a bill of interpleader filed by Title Guaranty Co. of Hawaii, a copartnership. Appellants, who are designated herein as "sellers," and two of the appellees, Howard E. Ball and Ruth Irene Ball, designated as "purchasers," entered into and executed a written contract, entitled initial payment receipt and contract, dated March 15, 1954, whereby sellers, for the price of $26,250, agreed to sell and purchasers...

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