[Download] "Pancakes Of Hawaii Inc. V. Pomare Properties Corp." by Hawaii Court Of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Pancakes Of Hawaii Inc. V. Pomare Properties Corp.
- Author : Hawaii Court Of Appeals
- Release Date : January 01, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
In this fraud and misrepresentation case, Plaintiff/Counterclaim Defendant-Appellant Pancakes of Hawaii, Inc., a Hawai'i corporation, doing business as Maui Original Pancakes & Steak House (Pancakes), appeals from the Second Circuit Court's October 31, 1995 judgment granting the motion for summary judgment filed by Defendants/Cross-Claim Plaintiffs-Appellees Sofos Realty Corporation, a Hawai'i corporation (Sofos), and Lee Carter (Carter) and striking of Pancakes' demand for a jury trial. We agree with Pancakes that (1) neither Sofos nor Carter were parties to the lease agreement between Pancakes and Pomare Properties Corporation (Pomare Properties) and thus were estopped from relying on the jury waiver clause in the agreement, and (2) genuine issues of material fact remain on the veracity of statements made about both the actual occupancy rates and the amount of interest in the shopping center, as well as the information that should have been disclosed to Pancakes about the failure of the leasing program. Thus, we vacate that part of the October 31, 1995 judgment dealing with the issues addressed in this opinion and remand for a trial by jury.*fn1