CARVALHO v. CORREA

No. 2716.

38 Haw. 250 (1948)

JOSEPH CARVALHO AND ELIZABETH CARVALHO v. LAWRENCE CORREA.

Supreme Court of Hawai`i.

Decided October 25, 1948.


Attorney(s) appearing for the Case

K.E. Young (also on the brief) for plaintiffs in error.

G.Y. Kobayashi (Flint & Kobayashi and C.Y. Chikasuye also on the brief) for defendant in error.

KEMP, C.J., LE BARON, J., AND CIRCUIT JUDGE BUCK IN PLACE OF PETERS, J., ABSENT.


OPINION OF THE COURT BY LE BARON, J.

This is a statutory action for summary possession under section 10402 of Revised Laws of Hawaii 1945.

The facts of the case are not in dispute. A parol tenancy from month to month of a certain house and lot in Honolulu had existed between the parties. Rent was reserved, payable in advance. Although rented for and used as a dwelling, the premises were additionally used by the tenant...

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