DEFENDANTS ANSWER, AFFIRMATIVE

mukiialice64
Samples legal papers
March 14, 2023

IN THE CIRCUIT COURT OF THE THIRD CIRCUIT

STATE OF HAWAII

ELIZABETH MacNEILL and BILLY CROWN,

Plaintiffs,

v.

MALACHI PRINCE; JOHN DOES 1-20; JANE DOES 1-0; DOE CORPORATIONS 1-10; and DOE PARTNERSHIPS 1-10,

Defendants,

Civil No. 3CCV-2-0000249

(Contract)

DEFENDANT’S ANSWER, AFFIRMATIVE

DEFENSES, AND COUNTERCLAIM-PLAINTIFFS’

COUNTERCLAIMS TO PLAINTIFF’S COMPLAINT

Defendant Malachi Prince (“Prince”) submits the following answer, affirmative defenses, and counterclaims to Plaintiff ELIZABETH MacNEILL and BILLY CROWN (collectively “MacNeill and Crown”) Complaint as follows:

NATURE OF THE ACTION

COUNTERCLAIMS

Defendant and Counterclaim-Plaintiff Malachi Prince brings this Counterclaim against Counterclaim-Defendants ELIZABETH MacNEILL and BILLY CROWN (together, “CC Defendants”). As set forth more fully below,

THE PARTIES

  1. Upon information and belief, Elizabeth MacNeill is a resident of the state of Hawaii.
  2. Upon information and belief, Billy Crown is a resident of the state of Hawaii.
  • Malachi Prince is a resident of the state of Hawaii.

JURISDICTION AND VENUE

  • This court has subject matter jurisdiction over this case pursuant to Hawaii Rev. Stat. §§ 480-21 and 603-21.5, and Haw. R. Civ. P. 13.

FACTUAL ALLEGATIONS

Background

  • On [insert date of signing agreement] MacNeill and Crown entered into an Agreement with Prince for sale and purchase of the property known as and located at 78-6665 Ali’i Drive, Kailua-Kona, Hawaii 96740 for the purchase price of Eight Hundred Thirty Thousand Dollars ($830,000.00).
  • Pursuant to the terms of the agreement, Prince was required to transfer title of the property to MacNeill and Crown, which obligation Prince was happy to fulfil
  • On or about [insert date of breach] MacNeill and Crown breached the agreement by failing to [insert action].
  • Consequently, and due to the aforesaid breach, Prince suffered loss.

COUNT I

BREACH OF CONTRACT

  1. Defendant repeats, realleges, and incorporates by reference, contents of the above paragraphs of this Counterclaim, as if set forth fully herein.
  2. The Purchase Sale Agreement by and between MacNeill and Crown and Crown is a valid and binding contract and supported by adequate consideration.
  3. Prince has fully satisfied their obligations under the Agreement.
  4. MacNeill and Crown had a duty to adhere to the provisions of the Agreement.
  5. MacNeill and Crown breached multiple provisions of the Agreement, including:
  6. [insert provision breached]
  7. [insert provision breached]
  8. [insert provision breached]
  9. Prince suffered, and will continue to suffer, damages as a proximate result of MacNeill’s and Crown’s breach of the Agreement.
  10. Defendant request monetary damages in an amount to be determined at trial.

WHEREFORE, Counterclaim-Plaintiffs respectfully request that this Court:

  1. Enter judgment in favor of Defendants-Counterclaim Plaintiff and against Plaintiff-Counterclaim Defendant;
  2. Award damages, including compensatory and/or punitive damages, lost profits, all other appropriate damages, as well as costs in an amount to be determined at trial;
  3. Award costs incurred by Defendant-Counterclaim Plaintiff for Defendants in this action; and
  4. Grant any, other, or further relief as the Court may deem just and proper.

Dated: January 31, 2022 Respectfully submitted,

By

—————————————

MALACHI PRINCE,

[insert address]

[insert phone]

[insert email]

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )