Jones

MEMORANDUM **

In a prior appeal, we reversed the district court’s grant of summary judgment in favor of a seller of a condominium in Kona, Hawaii, in her action to recover possession. We did so because the parties did not agree to condition the sale of the property on the successful completion of a licensing agreement granted to the seller to market branded coffee products. We also noted *937 disputed facts regarding whether the buyer lawfully suspended his payments to the seller because he believed the seller would not transfer title. The district court’s ruling for the seller on remand rested on a different legal ground, that she was entitled to rescission of the parties’ agreement because of a partial failure of consideration. It therefore did not violate the law of the case doctrine. See Maag v. Wessler, 993 F.2d 718 , 720 n. 2 (9th Cir.1993).

Under Hawaii law, courts have considerable latitude in fashioning an equitable remedy for total or partial failure of consideration in an agreement of sale for real property. Jenkins v. Wise, 58 Haw. 592 , 574 P.2d 1337, 1342 (1978) (“[T]he trial court has the plenary power to fashion a decree to conform to the equitable requirements…