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SCOTELLA v. OSGOOD

No. 8155.

659 P.2d 73 (1983)

Frank D. SCOTELLA and Gordon Randolph Logan, Plaintiffs-Appellants, v. Bradley D. OSGOOD, II, and Joyce A. Osgood, husband and wife, and Beatrice K. Osgood, Defendants-Appellees.

Intermediate Court of Appeals of Hawaii.

February 17, 1983.

Attorney(s) appearing for the Case

Paul A. Schraff, Honolulu (John R. Dwyer, Jr., Honolulu, with him on the brief; Carlsmith & Dwyer, Honolulu, of counsel), for plaintiffs-appellants.

Calvin K. Murashige, Lihue (Clinton I. Shiraishi, Lihue, with him on the brief; Shiraishi & Yamada, Lihue, of counsel), for defendants-appellees.

Before BURNS, C.J., and HEEN and TANAKA, JJ.

BURNS, Chief Judge.

Plaintiffs-Appellants Frank D. Scotella and Gordon Randolph Logan (Buyers) sued defendants-appellees Bradley D. Osgood, II, Joyce A. Osgood, and Beatrice K. Osgood (Sellers) for specific performance of a land purchase contract. The trial court denied specific performance and Buyers appeal. We reverse.

The dispositive issue is whether in a land purchase contract1 where time is of the essence the Buyers' failure...

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