· 5/17/1977
Boteilho v. Boteilho
Citations
- 564 P.2d 144
- 58 Haw. 40
- 1977 Haw. LEXIS 89
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that \delivery of a deed is essential to its validity\ and the \fact of recordation ... is not conclusive evidence\ of delivery
- holding that “delivery of a deed is essential to its validity” and the “fact of recordation ... is not conclusive evidence” of delivery
- holding that if part performance is relied upon to remove the oral agreement from the operation of the statute of frauds, clear and convincing proof of performance in pursuance of the alleged agreement must be adduced by the party seeking to enforce it
- holding that if part performance is relied upon to remove the oral agreement from the operation of the statute of frauds, clear and convincing proof of performance in pursuance of the alleged agreement must be adduced by the party seeking to enforce it
- party seeking to establish a parol contract must prove its existence and its terms by clear and convincing evidence
- “A party seeking to establish a parol contract to convey real property must prove its existence and its terms by clear and convincing evidence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Richardson, Kobayashi, Ogata, Menor, Kidwell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.