Yip Lan v. Ahulii

Citations

• 23 Haw. 307
• 1916 Haw. LEXIS 11

Syllabus

<p>Landlord and Tenant — covenant for renewal — exercise of option hy lessee.</p> <p>A covenant to renew a lease gives the lessee an option which ordinarily he must act upon by giving notice of his intent to .renew at or before the end of the term demised. But time is not of the essence of the agreement, unless made so, and the notice being for the benefit of the lessor may be waived by him.</p> <p>Specific Performance — covenant to renew lease.</p> <p>Equity will decree the specific performance of a covenant to renew a lease where the lessee, within a reasonable time after the expiration of the lease in exercise of the option pays, and the lessor accepts and retains, the rent for the first period upon a new term.</p> <p>Same — parties—decree.</p> <p>Persons who, after the making of a contract to convey or lease land, acquire an interest in the land from the vendor or lessor are necessary parties to a bill for the specific performance of the contract. In the absence of a necessary party, the appellate court, if it cannot make a decree which will finally dispose of the controversy, may remand the cause for the purpose of bringing him in.</p>