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TERRITORY OF HAWAII v. THOM CO., LTD.

NO. 2804.

39 Haw. 418 (1952)

TERRITORY OF HAWAII v. THE THOM COMPANY, LIMITED.

Supreme Court of Hawaii.

Decided May 19, 1952.

Attorney(s) appearing for the Case

T.M. Waddoups (Robertson, Castle & Anthony with him on the brief) for plaintiff in error.

J.H. Kamo, Assistant Public Prosecutor (A.R. Hawkins, Public Prosecutor, with him on the brief), for defendant in error.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

OPINION OF THE COURT BY TOWSE, C.J.

The defendant in error was convicted of violation of section 7 (a) of Ordinance 941, City and County of Honolulu, for demanding and receiving $100 per month rental for premises located at 1776 Ala Moana road, Honolulu, said rental being $72.50 in excess of the maximum established by the Rent Control Commission of the City and County of Honolulu.

At the jury-waived trial, the principal defense was that the premises constituted...

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