Legal Opinion

Romig v. DeVallance

Hawaii Intermediate Court of Appeals

Decided December 17, 1981No. 7649; CIVIL NO. 52770PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT BY

BURNS, J.

The Buyers appeal the entry of summary judgment against them which allowed the Seller to keep all amounts paid by Buyers on an agreement of sale of a residential condominium.

The dispositive issue is whether a buyer under an agreement of sale of an interest in land has a right to require a seller to provide an assurance of due performance whenever a reasonable ground for insecurity arises with respect to the seller’s performance. We answer yes, and we affirm in part and reverse and remand in part.

Via agreement of sale (A/S) dated January 7, 1976, Romig (Seller)…

2Cases cited6 opinions

  1. Jenkins v. WiseHawaii Supreme Court · 1978
  2. In the Matter of Yale Express System, Inc., Debter. Fruehauf Corporation v. Yale Express SystemCourt of Appeals for the Second Circuit · 1966
  3. Gomez v. PagaduanHawaii Intermediate Court of Appeals · 1980
  4. United States v. Haas and Haynie CorporationCourt of Appeals for the Ninth Circuit · 1978
  5. Carpenters & Millwrights Local Union No. 2018 v. Riggs-Distler & Co.Supreme Court of New Jersey · 1963

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. California Federal Savings & Loan Ass'n v. BellHawaii Intermediate Court of Appeals · 1987
  2. Shaffer v. Earl Thacker Co., Ltd.Hawaii Intermediate Court of Appeals · 1982
  3. Sung v. HamiltonDistrict Court, D. Hawaii · 2009
  4. Chang v. Steven Montgomery Crouch (In Re Hokulani Square, Inc.)United States Bankruptcy Court, D. Hawaii · 2009
  5. Nelson v. JonesCourt of Appeals for the Ninth Circuit · 2005

1 more not listed; retrieve them via the Exa API.

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