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STATE v. TEXACO, INC.

No. 5217.

498 P.2d 631 (1972)

STATE of Hawaii, by its Attorney General, Plaintiff-Appellee, v. TEXACO, INC., a Delaware corporation, Defendant-Appellant.

Supreme Court of Hawaii.

June 22, 1972.

Attorney(s) appearing for the Case

James M. Sattler, Honolulu (Jenks, Kidwell, Goodsill & Anderson, Honolulu, of counsel), for defendant-appellant.

Arthur Murakami, Honolulu (Richard Y.C. Au, Deputy Atty. Gen., and George Pai, Atty. Gen., on the brief), for plaintiff-appellee.

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

ABE, Justice.

The State commenced two separate actions1 against Texaco, Inc., in the First Circuit Court concerning "Harbor Petroleum Lease No. H-68-5." These actions were consolidated for trial.

After a hearing, the trial court found that the State under Paragraph 9, Article IV of the Lease,2 had the right to terminate the Lease and ordered that the Lease be terminated as of March 31, 1971 and

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