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CHING v. HAWAIIAN RESTAURANTS

No. 4687.

50 Haw. 563 (1968)

445 P.2d 370

HUNG WO CHING AND ELIZABETH LAU CHING, YAU ON LEONG AND JAMES DOO, TRUSTEES UNDER INSTRUMENT DATED JANUARY 3, 1958, AND FILED IN THE OFFICE OF THE ASSISTANT REGISTRAR OF THE LAND COURT OF THE STATE OF HAWAII AS DOCUMENT NO. 211549 v. HAWAIIAN RESTAURANTS, LTD.

Supreme Court of Hawaii.

September 30, 1968.

Attorney(s) appearing for the Case

Douglas E. Prior (Smith, Wild, Beebe & Cades of counsel) for defendant-appellant.

Asa M. Akinaka (Padgett, Greeley, Marumoto & Akinaka of counsel) for plaintiffs-appellees.

RICHARDSON, C.J., ABE, LEVINSON, JJ., CIRCUIT JUDGE KING IN PLACE OF MARUMOTO, J., DISQUALIFIED, AND CIRCUIT JUDGE FUKUSHIMA ASSIGNED BY REASON OF VACANCY.

OPINION OF THE COURT BY ABE, J.

The plaintiffs, as lessors, and the defendant, as lessee, executed a lease of a parcel of land at the intersection of Kalakaua Avenue and Kapiolani Boulevard in Honolulu. The defendant operates a restaurant under the name of Coco's on the premises.

The lease is for a term commencing July 1, 1960 and ending June 30, 1985 and provides for a monthly rental of $2,250 for the period ending June 30, 1965. The lease contains a rental...

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