The Hawaiian gazette., 1889-03-19

out. If | should go away ana leave
EVA, and live permanently at
another place, then it may not be in
cumbent on the party of the second
! part to support Kapahu Rodriguez
during the continuance of the lease
to the party of the second part /;
but if the party of the first part
should sell the land absolutely to
the party OF the second part, then
she shall be supported, otherwise
not during the continuance of the
lease if she lives at another place.
| Ny covenant to sell is bin ling, and
il may be enforced in all the Courts
of this Kingdom, or Kingdoms out
side of this island, if Joseph \. c.
| Gilman is opposed by any other
persons in regard to this lease which
has been made by me in thessound
! exercise of my mind to make all
this lease in consideration OF taking
good care of me, and supporting
me, and not during the term OF the
lease. The party of the first part
shall not have the right to burden
unduly the party of the second part
in regard to the support of MisiSi
| lMrS.l kapahu Rodriguez; if the
| piece of land of the party of the
! first part has been first conveyed TO
the party of the second part, then
it shall be incumbent to support
properly, and the party of the
second part will faithfully carry out
the provisions of this lease which
has been truly made by us both.
'And in witness Of the truth of
these provisions, aud all other
things mentioned in this instru-
ment. we do hereby sign our names
this first day of July, 1887, aud
also affiX our seals
By THE CoURT.-We do not en-
courage parties to leases, agree
ments or contracts, reSorting to the
/ Courts to be relieved of their obi
cations and agreements, even where
the conditions may be unreasonable
and absurd in their nature; but
party should be informed of and
understand the contents of a docu-
ment before executing it. In this
case the plaintiff cannot read or
/ write, and had to depend on others
reading the Jesse to her. 1t is clear
from the evidence of the parties who
undertook TO read it to her before
she signed it, that they only read
/ the terms, viz, number of years
and rent named, but not the other
clduSeS-ln regard 10 sale OF land,
extension of lease, support OF plain
tiff, etc, etc. There is nothing in
the evidence TO show that these
conditions or provisions were con-
templated in the agreement be-
tween the parties previous to de-
PENDANT drawing the lease.
We are OF opinion that these
clauses were inserted in the lease
by defendant without the knowl-
edge of plaintiff, and that when she
executed it she was not informed
of their existence. There has evil
IDENTIFY been an attempt to take ad-
vantage of this ignorant and deaf
old woman We cannot decree
reformation OF this lease on the
prayer in the bill, to make it con-
form TO what would appear to be
the agreement between the parties /;
and, even if we could, we would
not be inclined to do so under the
circumstance of the insertion of the
clauses before referred to. The
whole document bears the ear
marks of fraud, and We do not
think that such a lease executed
under the circumstances should be
allowed TO stand. We do not think
that the defendant should lose the
building and improvements that he
put on the land: the building "a
schOol-hUusel was erected on the
land with the knowledge of plain
tiff, who Was at the time living
with defendant on these premises.
The prayer Of the bill will be
granted, and the lease ordered TO
be cancelled on the following con-
ditiOns That the plaintiff shall pay
to defendant the actual cost of the
building (schOol-house) erected on
land, said amount TO be ascertained
and found Dy a master OF this Court.
And should the plaintiff be unable |
to pay said amount, then the master
to find the number of years and
terms Of q lease TO defendant, to |
compensate him for his outlay On |
said building, the plaintiff to pay |
such amount as found by the master,
or executes lease on terms as found !
by him within sixty days after con-
irmation Of masters report.
On compliance with these con-
ditions, the decree Of the Court |
below viii be reversed otherwise,
it viii stand. Costs reserved.
4. Rosa, for plaintiff; c. Creigh- |
ton, for defendant.
Honolulu. March 1st, 1889.
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