Lahaina-Maui Corporation v. Joseph Tau Tet Hew

362 F.2d 419 The LAHAINA-MAUI CORPORATION, a California corporation, Appellant, v. Joseph TAU TET HEW and Helen Akiona Hew, husband and wife, George Tan and Shizuko Ruth Tan, husband and wife, Appellees. No. 20419. United States Court of Appeals Ninth Circuit. June 14, 1966. Richard P. Schulze, Jr., Moore, Silberman & Schulze, Honolulu, Hawaii, for appellant. J. Russell Cades, Wm. M. Swope, Honolulu, Hawaii, for appellees. Before HAMLEY, JERTBERG and ELY, Circuit Judges. HAMLEY, Circuit Judge: 1 Joseph Tau Tet Hew, George Tan, and their respective wives, own 144,192 square feet of unimproved beach property on the Island of Maui, State of Hawaii. They brought this action against The Lahaina-Maui Corporation to obtain cancellation of an "Option to Lease" that property, asserting that it is null and void. After responsive pleadings and a hearing, a summary judgment was entered for plaintiffs. Defendant appeals, contending that instead of granting summary judgment for plaintiffs, the court should have either specifically enforced the agreement or awarded damages to defendant for its breach. 2 It appears from the record before us that the option was signed by Samuel Cohen and…