Smith v. Bottomley

OPINION OP THE COURT BY

PERRY, C. J.

In an action of assumpsit to recover damages for the alleged breach of a covenant in a lease, the trial judge sustained a demurrer to a second amended declaration and dismissed the action. The plaintiffs thereupon sued out a writ of error to review the decision upon which the order of dismissal was based. The allegations of the second amended complaint are in brief as follows: that by certain leases and extensions- thereof the plaintiffs ■and their predecessors in interest demised to S. M. Damon the ili of Maunalua, on the Island of Oahu, and that the said…