Azer v. Myers

*508OPINION OF THE COURT BY

HAYASHI, J.

We granted certiorari to two of the parties in order to address two of the issues raised in connection with the Intermediate Court of Appeals (ICA) opinion in Azer v. Myers [published as SGM Partners v. The Profit Co.], 8 Haw. App. 86,_P.2d_(1990). Based on the reasons set forth below, we reverse in part and affirm in part.

I

FACTUAL BACKGROUND

The pertinent facts for purposes of this opinion arc as follows.

In May 1983, SGM Partners (SGM), the original owner and lessor of the subject property, entered into a lease with The Profit Co., Ltd. (Profit) for certain…