Tregloan v. Bertelman
Hawaii Supreme Court
Appeal prom Findings oe Preston, J. A lease was dated and acknowledged on 26th. August, and expressed no other time for beginning of rent; lessees and their assigns paid the rent at various times from the 1st to the 10th of each month, and the testimony was that this was done for convenience; held there was not evidence sufficient to support a waiver by the lessor ' of his right to collect rent on the 26th day of the month.
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Appeal prom Findings oe Preston, J. A lease was dated and acknowledged on 26th. August, and expressed no other time for beginning of rent; lessees and their assigns paid the rent at various times from the 1st to the 10th of each month, and the testimony was that this was done for convenience; held there was not evidence sufficient to support a waiver by the lessor ' of his right to collect rent on the 26th day of the month. The evidence fails to show that plaintiff distrained the goods of a sub-tenant, thus releasing defendant from his covenant to pay rent: or that by any acts of defendant or…
1Opinion of the Court
Opinion oe the Court, by
McCully, J.
In appealing this cause, the parties, by their counsel, make the following stipulation:
“The points of law involved herein and which are hereby submitted to the Court in banco, are(a) Does the record show that said plaintiff, subsequent to the execution of the lease on which this action is based, and prior to December 1, 1885, by valid contract with defendant or his privies, waived his right to collect rent under said lease upon the 26th day of the month ? and if so, what day of the mouth was substituted therefor ?(b) Does the record show that any distress…
2Cited by1 opinion
- Hayselden v. WahineaeaHawaii Supreme Court · 1895