Jones

MEMORANDUM **

Robert Alan Jones appeals pro se the district court’s order granting Carol J. Nelson summary judgment in her diversity action seeking possession of a condominium in Kona, Hawaii. We have jurisdiction pursuant to 28 U.S.C. § 1291 . After de novo review, Lite-On Peripherals, Inc. v. Burlington Aire Express, Inc., 255 F.3d 1189, 1192 (9th Cir.2001), we vacate and remand.

For purposes of the summary judgment motion at issue here, the parties agreed that an Agreement of Sale for the condominium existed between Nelson and Michael Bilanzich, with whom she had entered a contemporaneous Licensing Agreement to sell branded coffee products. For purposes of the motion, the parties also appear to have agreed that Bilanzich subsequently assigned whatever interest he had in the condominium to Jones.

To the extent the district court concluded that the Agreement of Sale was invalid due to a failure of consideration or condition precedent, it erred because the Agreement does not clearly and unequivocally condition the sale of the condominium on the successful completion of the Licensing Agreement. See State v. Thom, 58 Haw. 8 , 563 P.2d 982, 988-89 (1977). In addition, as the…