Mendonca v. Nakamura

Citations

• 23 Haw. 261
• 1916 Haw. LEXIS 16

Syllabus

<p>Landlord and Tenant — liability of subtenant to the landlord.</p> <p>A subtenant is not liable upon a covenant to pay rent contained in the contract of lease between the landlord and the tenant under whom the subleasing exists; but where the subtenant enters with the assent of the landlord under an agreement, express or implied, to pay rent to the landlord, an action for use and occupation is maintainable by the landlord against the subtenant.</p> <p>Assumpsit — pleading—misjoinder of defendants.</p> <p>In an action of assumpsit against several defendants a defendant against whom a cause of action is stated cannot demur on the ground that the declaration shows no cause of action against another defendant.</p>