Scotella v. Osgood

OPINION OF THE COURT BY

BURNS, C.J.

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 contract 1 where time is of the essence the Buyers’ failure to perform on time prevents them from obtaining specific performance. In light of Kaiman Realty, Inc. v. Carmichael, 65 Haw. 637, 655 P.2d 872 (1982),…