Holt v. Waialua Agricultural Co.

OPINION OP THE COURT BY

WILDER, J.

This is an action of assumpsit to recover two instalments of rent of $600 each, due on October 1, 1904-, and October 1, 1905, respectively, under a lease from plaintiff to defendant of all his “undivided leasehold, right, title and interest” in two pieces of land at Waialua, Oahu, containing an area of over 12,000 acres. The defense relied on was an eviction of defendant by plaintiff, the evidence showing that in February, 1905, plaintiff removed a barn from the demised premises. The case was tried by the circuit court, jury waived, judgment being rendered for…