McKEAGUE v. FREITAS

NO. 2895.

40 Haw. 108 (1953)

Robert J. McKeague and Sibyl DAVIS, Administratrix with the Will Annexed of the Estate of Mabel M. McKeague, Deceased v. Mary L. Freitas.

Supreme Court of Hawaii.

Decided May 8, 1953.


Attorney(s) appearing for the Case

K.E. Young (also on the briefs) for plaintiff in error.

W.L. Fleming (Smith, Wild, Beebe & Cades with him on the brief) for defendants in error.

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


OPINION OF THE COURT BY STAINBACK, J.

Mary L. Freitas, defendant and plaintiff in error, was the lessee from the Bishop Estate of certain residential property at Kahala in the city of Honolulu. One Thomas McVeagh held a sublease on a portion of this land; this sublease expressly provided that it could not be assigned without the consent of Mary Freitas.

In 1943 Robert J. McKeague acquired the sublease from Thomas McVeagh by purchase for a sum of $8,500, the...

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