The Hawaiian gazette., 1876-12-20

This appears to have completed the TRANSACTION a
far as Delemar was concerned. 1t viii be seen tha
the last paper rsetss the fact that SharrAtt had AZ
suaed all the Indebtedness It stipulated tia
he should DO By the the deed Of dissolution between
himself and DsIszar.
And Il vii nov Re seen that for valuable con
sdsr1tou, Delsuar had assigned bis interest in The
lease to Shzr1tt and Sharrstt stood in the saus re
4tou to Hebron as Delsnar aud sharratt bad hither
to dose and on the sane day Deeenber 10th, Ho-
hrou signed al agreement that he would sell to ShAr
ratt alone in ike manner as be had agreed to sell &c
DsIsuAr aud Sharratt- In other words, Hebron sub
stitutsd Sharratt for Delsnar Sharratt.
It trus that By the rev agreement with sharratt
the terms we're s0usEbat varied, being made nurS
favorable FOR the seller; bat when Delsnar aad
sAarE1ts agreed each Eish the ether that Delen.r
Eegld SELL sad shzrE1tt vosid bay Deiemar's IL
tsrsst in the FIauiAtiou It vas eoudfi0ssd On tia
idea that Dslenar would be acquitted Of all re-
sPouEibIity in the natter this could only be done
By H0brsa agreeing to take sbarast instead Of Dele
Ear ana Shnrrats; AID without such an agreement
On the part Of H0broz, Delemag would have nothing
to sell, azd SharTatt could not buy anything. Nov,
IN this action Dslsnar seeks 10 reeoTer hack the
ss4ss5 paid to Hobroa On tie sIst Of March, 1874,
fer shieh the receipt above Teeitsd giEsn. Hnd
the Court vas asked to charge the Jury: " That If
they believed from the evidence, that the receipt
Efzued By Hctrss vas for an individual dsposis made
By Delsuar and net aseount Of the firm Of Delsaar
azd shArratt, and tia; the contract vas abandozsd
With the eoasszt o. H0brez, and rev eugagszsuts
u1se With SEarratt, and Delszar rslessed froz all
obligatious, they viii fad for the plzinti'' which
ias;rsstsd were refused b. The Court aad in lea
thereof. the Court iastrusssd the jary: Tha, the
absasossssss zas net : b b. Deisasr aIOss,
o. sTsa 81 Dsiszar ard sharTtst, bat By Hobrsa.
Ifths jury Sad that for vsla1sle eeusidsratou OF
Oshsr-iss DsleAr had sIIgasd bis Ehsls interest
skarT1ts, AID sharrait stands in DelsnarI place,
vtbost any abandouzeat Of the eout-zet BY sharratt
or Hesrca, thea, where il the testimony that the
ssttrs-t has tesu aEazdouedf It fsr the tury to
dstsrzizs uhsther By the tesnory IT il sFovu that
Hobraa has sEsr-ithdraaa fr0a tie esutrast viii
Dsisoar and stAzrIIt, 81 hat tie frz en- he one
part and Ho5roa On the ether, hive Eataafly .bz1-
dsnsi Il; that The Eals aad deed frsz HsBroa 70
sharTatt, IhoEed that Hsbroz had net abandoned,
b-t eaisd cut the eaatr1ct" To this raIiag szseP-
tio1 has been taken
HoE We take it 10 tc unqusstianed that the right
q party to rsseiud eoutrast, IN the absence or
fraud, dsFsadz sicily HPoa the agTerzsut Of the
parties, Hnd EFrngI either from the original tsrI CT
the ea1trzet q from INITIAL 1sleat 70 break II up
ssoT q Sales, ssetian as. TEsrs there Is No
ffssa tie rsscaIisn Hul. BE Tslas,azJ ard zztaal.
Bsstis "a Roessstsr City Baak. Bazb, AZ. ?
stsEy sa csutr-stS, seetioa, s4s a where = cor
traet II e be rsScndsd At all il als Be rss-iadsd in
tsto. and the parties nuIt be Put IL stata quo liant
SIX, East Is2. Fhsther tie acts CT the parties