Scott v. Pilipo

Citations

• 23 Haw. 349
• 1916 Haw. LEXIS 5

Syllabus

<p>Huís — lease of interest in hui land,.</p> <p>A lessee of an interest in bui land .takes title subject to such, valid regulations as have been duly adopted by the hui.</p> <p>Covenants — breach of covenant for quiet enjoyment — pleading.</p> <p>In an action for damages for the breach of a covenant for quiet enjoyment the plaintiff must show that he has been prevented from taking possession of the demised premises or has been evicted therefrom by the lessor himself, or by a person claiming under him, or by one having a superior title.</p> <p>Pleading — amendment on appeal.</p> <p>An amendment to a pleading will not be allowed in the supreme court on appeal when it would change the issue and cause the reversal of a judgment which was free from error at the time it was entered.</p> <p>Limitation of Actions — covenant for quiet enjoyment.</p> <p>Where, at the commencement of a term, the lessee is unable to obtain possession of the demised premises through the fault of the lessor the covenant for quiet enjoyment is then broken and the statute of limitations begins to run at once.</p>