Desky v. Lack

*396OPINION OP THE COURT BY

JUDD, C. J.

This case comes to us on exceptions to the refusal of the trial court to set aside the judgment as being contrary to law, the evidence and weight of evidence.

Following is the decision of the court containing the findings of fact and the rulings of law:

“In the District Court of Honolulu judgment was rendered for the defendant on a motion to non-suit the plaintiff, and the case comes to this court on appeal.

“The case being tried jury waived I find the following facts:

“The plaintiff leased the ground floor and basement of a building owned by defendant at No.…