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LEMLE v. BREEDEN

No. 4772.

462 P.2d 470 (1969)

Henry C. LEMLE v. Mrs. V.E. BREEDEN.

Supreme Court of Hawaii.

Rehearing Denied December 17, 1969.

Attorney(s) appearing for the Case

W. Patrick O'Connor, Honolulu (A. William Barlow, Honolulu, on the briefs), for defendant-appellant.

Robert A. Franklin, Honolulu, for plaintiff-respondent.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

LEVINSON, Justice.

This case of first impression in Hawaii involves the doctrine of implied warranty of habitability and fitness for use of a leased dwelling. The plaintiff-lessee (Lemle) sued to recover the deposit and rent payment totalling $1,190.00. Constructive eviction and breach of an implied warranty of habitability and fitness for use were alleged as the basis for recovery. The defendant-lessor (Mrs. Breeden) counterclaimed for damages for breach of the rental...

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