Manuel L. Jose and Ricardo J. Bordallo D/B/A Ricky's Auto Company v. Consolacion G. Iglesias, Represented by Her Attorney-In-Fact, John J. Iglesias

This is an appeal from a decision of the District Court of Guam affirming a judgment of the Island Court of Guam. The Island Court terminated a lease agreement between appellant Jose and appellee Iglesias and ordered appellants Jose and Bordallo to deliver possession of the leased premises to appellee. The Island Court also directed the appellants to pay rental to the date of surrender of possession and to pay $300.00 for appel-lee’s legal expenses. We affirm.

On June 22, 1963, Consolación Iglesias, as lessor, and Manuel Jose, as lessee, entered into a lease agreement (master lease) covering several parcels of land in Agana, Guam. The term of the lease was 25 years, with an option in the lessee to renew for an additional 25 years. Jose covenanted, inter alia, (1) to repair and remodel an existing structure on the property, (2) to construct a new building on the premises, and (3) not to assign the lease without the written consent of Iglesias.

The Island Court found that Jose had breached all of these covenants and declared the lease forfeited.

The trial judge found that there had been some minor repairs performed, but that repair work had not been done on a continuing basis and…