LOYALTY DEV. CO., LTD. v. WHOLESALE MOTORS

No. 6544.

605 P.2d 925 (1980)

LOYALTY DEVELOPMENT COMPANY, LTD., Plaintiff-Appellee, Cross-Appellant, v. WHOLESALE MOTORS, INC., Defendant-Appellant, Cross-Appellee. WHOLESALE MOTORS, INC., Plaintiff-Appellant, Cross-Appellee, v. LOYALTY DEVELOPMENT COMPANY, LTD., Defendant-Appellee, Cross-Appellant.

Supreme Court of Hawaii.

As Amended January 25, 1980.

Rehearing Denied February 21, 1980.


Attorney(s) appearing for the Case

W. Patrick O'Connor, Honolulu (Barlow & O'Connor, Honolulu, of counsel), for Wholesale Motors, Inc.

Neil F. Hulbert, Hawaii (Hong & Iwai, Honolulu, of counsel), for Loyalty Development Co., Ltd.

Before RICHARDSON, C.J., OGATA and MENOR, JJ., KOBAYASHI, Retired Justice, and CHANG, Circuit Judge, assigned by reason of vacancies.


PER CURIAM.

Loyalty Development Company, Ltd., (hereinafter Loyalty) filed a complaint seeking summary possession against Wholesale Motors, Inc., (hereinafter Wholesale) of two parcels of land heretofore leased to Wholesale by Loyalty. Loyalty alleged that Wholesale failed to pay rent as provided in the lease documents.

Wholesale, on the other hand, filed a complaint for Declaratory Relief, challenging the valuation basis utilized by a majority of a panel...

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