John Wilson Enterprises, Ltd. v. Carrier Terminal Service, Inc., No. 6990
| Court | Court of Appeals of Hawai'i |
| Writing for the Court | Before HAYASHI; PADGETT |
| Citation | 2 Haw.App. 128,627 P.2d 294 |
| Parties | JOHN WILSON ENTERPRISES, LTD., dba Pali Kai Realtors, Plaintiff-Appellee, v. CARRIER TERMINAL SERVICE, INC. Jed Henrie and Harold R. Tate, Defendants-Appellants. |
| Decision Date | 23 April 1981 |
| Docket Number | No. 6990 |
Page 294
Plaintiff-Appellee,
v.
CARRIER TERMINAL SERVICE, INC. Jed Henrie and Harold R.
Tate, Defendants-Appellants.
Syllabus by the Court
1. A real estate broker is entitled to his commission where the commission agreement is in writing, he procures a ready, willing and able purchaser and the seller, after accepting the contract, disavows the same.
2. Where the secretary-treasurer who was also one of the three directors of a small, closely held corporation and to whom the broker's call was referred by the corporation, orally indicated acceptance on behalf of the corporation of an offer for the purchase of the corporation's property and the corporation delayed from August 23 to November 4 in disaffirming the transaction, even though the sale papers had been promptly forwarded to it, it was not clearly erroneous to hold that the secretary-treasurer had authority to indicate the corporation's acceptance of the offer.
3. [2 Haw.App. 129] Where after the secretary-treasurer and director of a small, closely held corporation orally indicated acceptance of an offer for the purchase of its property and the broker and purchaser, in reliance thereon, opened escrow, deposited monies and incurred expenses while the corporation delayed from August 23 to November 4 to indicate any disaffirmance of the contract, it was not clearly erroneous to hold that the corporation was estopped from disaffirming the contract.
4. Where neither the questions presented or the points relied upon contend that the findings of fact and conclusions of law were inadequate to support a judgment against the individual defendants, the argument would not be considered on appeal.
[2 Haw.App. 131] Nelson Christensen, Lahaina, Maui, for defendants-appellants.
Everett Walton (B. Martin Luna on the brief), Ueoka & Luna, Wailuku, Maui, for plaintiff-appellee.
Before [2 Haw.App. 128] HAYASHI, C. J., and PADGETT and BURNS, JJ.
Page 295
PADGETT, Judge.
This is an appeal from a judgment below for plaintiff-appellee, a real estate brokerage firm, for real estate commissions, interest and expenses against defendants-appellants, the owner of a condominium apartment which it had listed with appellee for sale, and two of its officers.
The question presented is whether there was sufficient evidence to support the lower court's findings of fact (and the conclusions of law flowing therefrom) that appellee had procured a ready, willing and able buyer under the listing contract. We affirm.
The corporate appellant, Carrier, was a closely held Utah corporation. The Appellant Tate was its president and Appellant Henrie was its secretary-treasurer. Both were directors on its three-man board. Carrier owned apartment A-1-1 in the Puamana condominium at Lahaina, Maui. On August 19, 1974, after some preliminary exchanges it listed the apartment for sale at a 6% commission with appellee by a written listing agreement...
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Bloudell v. Wailuku Sugar Co., No. 8474
...548 P.2d 268 (1976); Mahoney v. Mitchell, 4 Haw.App. 410, 668 P.2d 35 (1983); John Wilson Enterprises, Ltd. v. Carrier Terminal Service, 2 Haw.App. 128, 627 P.2d 294 (1981). We see no reason to depart from the Consequently, we construe Bloudells' argument simply as an assertion that the jur......
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Chock v. Bitterman, s. 9086
...Bloudell v. Wailuku Sugar Co., 4 Haw.App. 498, 669 P.2d 163 (1983); John Wilson Enterprises, Ltd. v. Carrier Terminal Service, Inc., 2 Haw.App. 128, 627 P.2d 294 (1981); City and County of Honolulu v. Manoa Investment Co., 1 Haw.App. 52, 613 P.2d 662 Further, we hold that Appellant's motion......
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82 Hawai'i 96, GGS Co., Ltd. v. Masuda, No. 1
...plaintiffs' unions paid funds to defendant in reliance on his representation); John Wilson Enter., Ltd. v. Carrier Terminal Serv., Inc., 2 Haw.App. 128, 131, 627 P.2d 294, 295 (1981) (concluding that on appeal, the defendant was estopped from denying its agent's acceptance of an offer to bu......
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Boyd v. Hawai‘i State Ethics Comm'n, No. CAAP–14–0000352.
...on each factual issue, then the findings are adequate." Id.; see John Wilson Enterprises, Ltd. v. Carrier Terminal Serv., Inc., 2 Haw.App. 128, 130, 627 P.2d 294, 295 (1981) ; Tugaeff v. Tugaeff, 42 Haw. 455, 467 (Haw.Terr.1958).358 P.3d 726136 Hawai'i 157 First, the record and FOF/COL adeq......
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Bloudell v. Wailuku Sugar Co., 8474
...56 Haw. 675, 548 P.2d 268 (1976); Mahoney v. Mitchell, 4 Haw.App. 410, 668 P.2d 35 (1983); John Wilson Enterprises, Ltd. v. Carrier Terminal Service, 2 Haw.App. 128, 627 P.2d 294 (1981). We see no reason to depart from the rule. Consequently, we construe Bloudells' argument simply as an ass......
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Chock v. Bitterman, s. 9086
...not consider the issue. Bloudell v. Wailuku Sugar Co., 4 Haw.App. 498, 669 P.2d 163 (1983); John Wilson Enterprises, Ltd. v. Carrier Terminal Service, Inc., 2 Haw.App. 128, 627 P.2d 294 (1981); City and County of Honolulu v. Manoa Investment Co., 1 Haw.App. 52, 613 P.2d 662 Further, we hold......
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82 Hawai'i 96, GGS Co., Ltd. v. Masuda, 1
...members of plaintiffs' unions paid funds to defendant in reliance on his representation); John Wilson Enter., Ltd. v. Carrier Terminal Serv., Inc., 2 Haw.App. 128, 131, 627 P.2d 294, 295 (1981) (concluding that on appeal, the defendant was estopped from denying its agent's acceptance of an ......
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Boyd v. Hawai‘i State Ethics Comm'n, CAAP–14–0000352.
...on each factual issue, then the findings are adequate." Id.; see John Wilson Enterprises, Ltd. v. Carrier Terminal Serv., Inc., 2 Haw.App. 128, 130, 627 P.2d 294, 295 (1981) ; Tugaeff v. Tugaeff, 42 Haw. 455, 467 (Haw.Terr.1958).358 P.3d 726136 Hawai'i 157 First, the record and FOF/COL adeq......