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TIM v. LOPEZ

NOS. 2784, 2815.

40 Haw. 55 (1953)

CHOW TIM v. Richard Lopez. Walter S. Tanabe v. Richard Lopez.

Supreme Court of Hawaii.

Decided March 18, 1953.

Attorney(s) appearing for the Case

B. Houston (also on the briefs) for appellant Lopez.

W.Y. Char for appellee Chow Tim was present but did not argue and filed no brief.

R.E. Brown (Robertson, Castle & Anthony with him on the brief) for appellee Tanabe.

LE BARON AND STAINBACK, JJ., AND CIRCUIT JUDGE CORBETT IN PLACE OF TOWSE, C.J., DISQUALIFIED.

OPINION OF THE COURT BY STAINBACK, J.

The two cases (equity number 4953 and equity number 5035) were consolidated for trial as both involve the question of the legality of an attempted forfeiture of a lease and the claims for damages against the lessor because of illegal trespass and re-entry following such alleged forfeiture of lease.

In substance the pleadings and proof showed that the Waialua Agricultural Company...

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