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HC&D CO. v. TERRACE DEVELOPERS

No. 4311.

48 Haw. 68 (1964)

395 P.2d 691

HONOLULU CONSTRUCTION & DRAYING COMPANY, LIMITED v. TERRACE DEVELOPERS, LIMITED, STATE, LIMITED, INTERVENER.

Supreme Court of Hawaii.

September 25, 1964.

Attorney(s) appearing for the Case

Robert M. Rothwell (Hoddick, Rothwell & Chang of counsel) for intervener-appellant.

Burnham A. Greeley (Robertson, Castle & Anthony of counsel) for plaintiff-appellee.

Kinji Kanazawa appeared for defendant-appellee on plaintiff-appellee's motion to dismiss. Gordon C.C. Ho (Mau & Ho of counsel) appeared for defendant-appellee on the hearing on the merits but did not argue.

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

OPINION OF THE COURT BY LEWIS, J.

This is an appeal by intervener, State, Limited, doing business as State Tile, hereinafter referred to as "State Tile." On April 21, 1961, before the present case was brought, State Tile commenced an action against Richard S. Konno, doing business as Acme Contractors, hereinafter referred to as "Acme." In this action it was alleged that Acme owed State Tile the sum of $39,000 for goods sold and delivered between January 15, 1959 and...

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