Von Hamm-Young Co. v. Hawaii Garage, Ltd.

Citations

• 25 Haw. 253
• 1919 Haw. LEXIS 14

Syllabus

<p>Landlord and Tenant — covenants—construction.</p> <p>Covenants in a lease oí land, upon the breach of which a forfeiture is claimed, must be strictly construed.</p> <p>Same — same—same.</p> <p>A lease provided that the acceptance of rent by the lessor should not be deemed to be a waiver by it of any breach by the lessee of any covenant therein contained. After a breach of covenants by the lessee known to the lessor the lessor accepted rent. Held that this provision of the lease prevented the acceptance of rent from being a waiver of the breach of covenant but did not prevent such acceptance from being a waiver of the right to declare a forfeiture for such breach.</p> <p>Same — same—samé.</p> <p>A lease provided that the lessee will permit the lessor at all seasonable times to enter the leased premises and examine the state of repair and condition thereof and will repair and make good all defects of which notice shall be given within thirty days after the giving of such notice. Held that in the absence of such notice and a failure for thirty days thereafter to make repairs and remedy defects in the condition of the premises no right to declare a forfeiture for violation of the covenants to make repairs and keep the premises in a sanitary condition had been shown.</p> <p>Trial — conduct of trial — view and inspection.</p> <p>In the trial of a case, jury waived, involving the question of whether or not a covenant to repair and keep in a sanitary condition had been violated it appeared that the premises at the time of the trial were in practically the same state of repair and sanitary condition as they were when the forfeiture was declared, held not error for the trial judge to view and inspect the premises.</p>