Schimmelfennig v. Grove Farm Co., Ltd.

OPINION OF THE COURT BY

TOWSE, C. J.

This is an appeal from a judgment granting a motion for nonsuit in an action for breach of implied covenant to restore leased premises in substantially the same condition as at the inception .of the lease.

Pacts pertinent to the disposition of the issues establish that one John D. Neal leased a parcel of land and improvements in Koloa on the island of Kauai, “consisting of taro, kula and house lot” and containing approximately 3.07 acres to Koloa Sugar Company, Limited, for a term of twenty years from September 1, 1901. Neal died in 1902, and his daughter,…