Anthony v. Kualoa Ranch, Inc.

OPINION OF THE COURT BY

PADGETT, J.

This is an appeal from an order staying judgment pending arbitration. We reverse.

In 1953, appellants leased lot 55A of the Kaaawa Beach lots for residential purposes to Albert F. Biehl and Josephine H. Biehl at a rental of $75 per annum for a term of 30 years. The present appellees acquired the leasehold through mesne assignments, consented to by the appellants, in 1976. The lease contained the following provisions, inter alia:

THAT the Lessee will not erect or permit to be erected upon the demised premises any new buildings or to make or permit to be made any…