KIMBALL v. LINCOLN

No. 14653.

809 P.2d 1130 (1991)

Mark KIMBALL, Plaintiff-Appellant, v. Frances Fox LINCOLN, Individually and as Trustee of the Irrevocable Trust of Frances F. Lincoln, dated February 3, 1987, Defendant-Appellee, and John Does 1-10 and Roe Corporations and Partnerships 1-10; et al., Defendants.

Supreme Court of Hawaii.

April 5, 1991.


Attorney(s) appearing for the Case

J. James Sogi, Cohn & Sogi, Kailua-Kona, for plaintiff-appellant.

Dennis A. Krueger (Robert D. Triantos, with him on the brief), Carlsmith, Ball, Wichman, Murray, Case, Mukai and Ichiki, Kailua-Kona, for defendant-appellee.

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


PADGETT, Justice.

This is an appeal from a judgment for the appellee landlord in a dispute that is essentially one of whether there was a valid and subsisting lease of agricultural land.

The agreement between the appellant, as lessee, and the appellee, as lessor, was executed on January 12, 1988 and acknowledged by both parties. Subsequently, the appellee signed, before a notary and a witness, a document dated August 23, 1988, in which she stated in part:...

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