SCHIMMELFENNIG v. GROVE FARM CO., LTD.

NO. 2922.

41 Haw. 124 (1955)

CARL E. SCHIMMELFENNIG v. GROVE FARM COMPANY, LIMITED.

Supreme Court of Hawaii.

ReArgued June 16, 1955.

Decided July 11, 1955.


Attorney(s) appearing for the Case

D.N. Ingman (W.C. Ingman with him on the briefs), for plaintiff-appellant.

C.E. Cassidy (Pratt, Tavares and Cassidy) on the brief, for defendant-appellee.

TOWSE, C.J., STAINBACK, J., AND CIRCUIT JUDGE McKINLEY IN PLACE OF RICE, J., DISQUALIFIED.


OPINION OF THE COURT BY TOWSE, C.J.

This is an appeal from a judgment granting a motion for nonsuit in an action for breach of implied covenant to restore leased premises in substantially the same condition as at the inception of the lease.

Facts pertinent to the disposition of the issues establish that one John D. Neal leased a parcel of land and improvements in Koloa on the island of Kauai, "consisting of taro, kula...

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