Study Aids
Case Briefs Overview
Casebooks
Case Briefs
K

Kawauchi v. Tabata

49 Haw. 160, 413 P.2d 221 (1966)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Kawauchi v. Tabata

Hawaii Supreme Court
49 Haw. 160, 413 P.2d 221 (1966)

Facts

Toichi Kawauchi (plaintiff) owned property that was facing foreclosure but was unable to obtain a loan. Kawauchi entered into an agreement with a group of doctors (the doctors’ group) (defendants) for Kawauchi to sell the property to the group, which would lease the property back to Kawauchi with an option for Kawauchi to repurchase the property. To avoid imminent foreclosure, Kawauchi and the doctors’ group first entered into a temporary deal to secure a loan on the basis of a mortgage and a promissory note given by Kawauchi to the doctors’ group and assigned to the lending bank. Kawauchi later sold the property to the doctors’ group for $90,000, well below market value. Simultaneously, the doctors’ group and Kawauchi agreed to a three-year lease agreement. Kawauchi would lease the property for $650 monthly, and Kawauchi retained the right to repurchase the property for $117,000 within three years. Kawauchi failed to repurchase the property. The doctors’ group refused to extend the lease and buyback option and terminated the lease. Kawauchi sued, arguing that the deal constituted a mortgage rather than a sale and that he retained a right of redemption. The court rejected the argument, holding that the transaction was a sale and a lease with the right to repurchase. Kawauchi appealed.

Rule of Law

Issue

Holding and Reasoning (Lewis, J.)

Dissent (Wirtz, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Property

Key Terms