[Download] "Clarke V. Title Guaranty Co." by Hawaii Supreme Court * eBook PDF Kindle ePub Free

August 01, 2021

eBook details

Title: Clarke V. Title Guaranty Co.
Author : Hawaii Supreme Court
Release Date : January 24, 1960
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

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 to buy, "free and clear of encumbrances," approximately 16,788 square feet of land with residential improvements thereon at 2578 Pacific Heights Road in Honolulu. The contract contained, inter alia, the following provision: "That in the event the title to said property shall not prove merchantable and said Seller shall not perfect or be able to perfect the same within a reasonable time from this date, the Purchaser shall have the right to demand and receive of the Seller, or his Broker, said initial payment and be released from all obligations hereunder."