ANTHONY v. KUALOA RANCH, INC.

No. 11424.

736 P.2d 55 (1987)

James N. ANTHONY and Alberta Pua Anthony, Plaintiffs-Appellees, v. KUALOA RANCH, INC., a Hawaii corporation, and Francis Morgan, Defendants-Appellants.

Supreme Court of Hawaii.

April 23, 1987.


Attorney(s) appearing for the Case

Stanley K.W. Chong (Philip J. Leas with him on briefs; Cades Schutte Fleming & Wright, of counsel), Honolulu, for defendants-appellants.

Boyce R. Brown, Jr. (Brown & Johnston, of counsel), Honolulu, for plaintiffs-appellees.

Sonia Faust, Deputy Atty. Gen., amicus curiae brief, for State.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.


PADGETT, Justice.

This is an appeal from an order staying judgment pending arbitration. We reverse.

In 1953, appellants leased lot 55A of the Kaaawa Beach lots for residential purposes to Albert F. Biehl and Josephine H. Biehl at a rental of $75 per annum for a term of 30 years. The present appellees acquired the leasehold through mesne assignments, consented to by the appellants, in 1976. The lease contained the following provisions, inter alia:

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