CHANG v. MAGBEE

No. 4153.

45 Haw. 454 (1962)

370 P.2d 479

JOHN W.F. CHANG AND ROSIE KIM CHANG, CLARENCE K. MATSUMOTO AND MATSUKO K. MATSUMOTO, SHONG LEE AND YOUNG KAM LAN LEE, AND HARRIS N. MURABAYASHI AND MIWAKO S. MURABAYASHI v. HARRY EUGENE MAGBEE AND LAVADA FRANCES MAGBEE.

Supreme Court of Hawaii.

March 22, 1962.


Attorney(s) appearing for the Case

Louis Le Baron and Ralph T. Yamaguchi for appellants.

Tin Chong Goo and Yukio Naito for appellees.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.


OPINION OF THE COURT BY MIZUHA, J.

Defendants-appellants contend that the trial court erred in finding that the operation carried on by defendants, under the trade name of Pali Convalescent Home, variously described as an "old-age home," a "convalescent home" or a "nursing home," was in violation of a restrictive covenant, quoted below, prohibiting the use of the premises involved for the purpose of carrying on, among other operations, a boarding house, hospital or...

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