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BROIDA v. HAYASHI

No. 4739.

464 P.2d 285 (1970)

Max M. BROIDA, Trustee for Broida Properties, Ltd., a dissolved corporation, Plaintiff-Appellant, v. Frank Kenso HAYASHI and Helen Habuko Hayashi, Defendants-Appellees, and Bank of Hawaii, First National Bank of Hawaii, Central Pacific Bank, Liberty Bank of Honolulu, American Security Bank, Hawaii National Bank, and City Bank of Honolulu, Garnishees.

Supreme Court of Hawaii.

January 14, 1970.

Attorney(s) appearing for the Case

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

Ton Seek Pai (Okumura & Takushi, Honolulu, of counsel), for defendants-appellees.

Before RICHARDSON, C.J., ABE and KOBAYASHI, JJ., and M. DOI, Circuit Judge, in place of MARUMOTO, J., disqualified, and KABUTAN, Circuit Judge, in place of LEVINSON, J., disqualified.

RICHARDSON, Chief Justice.

Broida Properties, Ltd., sublessor, sued to recover unpaid rent from its sublessees, Frank and Helen Hayashi, under an express covenant to pay rent. From a judgment in favor of the Hayashis, Max M. Broida, trustee for the dissolved sublessor corporation, appeals.

The following facts are pertinent: On August 9, 1954 Industrial Investment Co., Ltd. subleased income producing property to the...

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