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Romig v. De Vallance

Hawaii Intermediate Court of Appeals
637 P.2d 1147 (1981)


Facts

James Romig (plaintiff) contracted to sell a furnished house to Denis and Lynette de Vallance and Video Network Productions, Inc. (defendants). Under the contract, the defendants were to pay the purchase price, plus interest, over a five-year period. Although the defendants would take control of the house immediately, Romig would only give the defendants title to the property after all payments had been made. The contract stated that Romig would give the defendants clear title to the property at that time. After taking possession, however, the defendants learned that part of the house was built on a neighboring lot. The defendants notified Romig that they would not make any more payments until Romig had fixed the problem this issue would cause for the property’s title. Romig then sued the defendants, asking the court to cancel the contract because the defendants had breached the contract by failing to make payments. The trial court ruled for Romig. The defendants appealed.

Rule of Law

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Issue

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Holding and Reasoning (Burns, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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