Nuuanu Memorial Park Mortuary, Ltd. v. Briggs

OPINION OF THE COURT BY

ABE, J.

The Hawaiian Memorial Life Plan, Ltd., hereinafter called “Life Plan,” has entered into contracts with individuals, hereinafter called “Contract Purchasers,” under a form of instrument called a “Pre-Need Agreement.”

Under the Pre-Need Agreement, Life Plan agrees to arrange for funeral services with a duly licensed mortuary and a Contract Purchaser agrees to pay a fixed total price in monthly *178installments. Life Plan, as compensation for its services, retains 25 percent of the total price and upon receiving the full payment under a Pre-Need Agreement, it deposits…