OKUHARA v. BROIDA

No. 4725.

456 P.2d 228 (1969)

Nobu OKUHARA et al., Plaintiffs-Appellees, v. Max M. BROIDA, Trustee for Broida Properties, Ltd., a dissolved corporation, Defendant-Appellant, and Bank of Hawaii, et al., Garnishees.

Supreme Court of Hawaii.

June 16, 1969.


Attorney(s) appearing for the Case

Hiram Fong, Jr., Honolulu (Barry Chung, on the brief; Fong, Miho, Choy & Robinson, Honolulu, of counsel), for appellants.

Leland H. Spencer, Honolulu (Chuck & Fujiyama, Honolulu, of counsel), for respondents.

Before RICHARDSON, C.J., ABE, J., and Circuit Judge OKINO in place of MARUMOTO, J., disqualified, Circuit Judge OGATA in place of LEVINSON, J., disqualified, and Circuit Judge M. DOI assigned by reason of vacancy.


RICHARDSON, Chief Justice.

Plaintiffs1 sued Max M. Broida, trustee for Broida Properties, Ltd., a dissolved corporation, to recover alleged overpayments of rent. Prior to dissolution, Broida Properties, Ltd., hereinafter called Broida, was the lessee by assignment from another Hawaii corporation of several parcels of land, two of which were subject to pre-existing subleases to the plaintiffs. On November 15, 1960, the fee owner increased...

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