[Download] "Land V. Dillingham Corp." by Hawaii Supreme Court * Book PDF Kindle ePub Free

eBook details

Title: Land V. Dillingham Corp.
Author : Hawaii Supreme Court
Release Date : January 11, 1984
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

The issue is whether the conveyance of a lease by the Dillingham Corporation (Dillingham or the corporation) to Ala Moana Hawaii Properties (Ala Moana), a limited partnership whose limited partners are the corporation's stockholders, was an "assignment" for purposes of Paragraph 15(a) of the lease agreement between Dillingham and the Maui Land and Pineapple Company, Inc. (Maui Land). The Circuit Court of the Second Circuit held that the transfer, effected as part of a plan to liquidate Dillingham's commercial real estate operating assets in Hawaii, "constitute[d] an assignment" and awarded Maui Land summary judgment in the declaratory action brought against Dillingham and Ala Moana. But we think the court's summary disposition of the question was improper, inasmuch as the crucial language of Paragraph 15(a) can be read to sustain either the position of the plaintiff or the defendants' thesis that the paragraph did not apply to the transaction and there was no evidence of its intended meaning. Thus, we vacate the judgment and remand the case for trial.