The Hawaiian gazette., 1890-03-18

This matter comes here on appeal
frSm the decision OF Mr.. Justice
Preston, which is aS follows:
DECISION APPEALED FROM.
This is suit for a declaration
that a purchase of land made by
the defendant Hauhi in his own
name. was made by him rs the
agent, and for the use of the plain
tiff Mahoe and the defendant ke-
Shi.
The defendant Kaahi denied the
agency, and averred that if there
had been an agency il had been
determined.
The defendant Keahi Al the hear
ing di>claimed any interest in the
purchase.
After 4 careful consideration Of
the testimony. l have arrived Al
the conclusion that the defendant
Kauhi was employed by Mr.. Wun-
deuberg who hauhi knew was act
ing for the plaintiffs, 10 purchase
the land in question thai he ala
purchase the land before such
agency terminated and took con-
vsvance thereof 10 himself contrary
10 his duty.
The defendant Keahi having dis
claimed any interest in the proper
". am Of opinion that the plain
tiffs are entitled TO have the land
conveyed 10 them or either Of them
IS they may elect
a decree must be made declaring
that AZ the time Of the purchase Of
the land in the bill referred 10, the
defendant Hauhi WAS the attorney
and agent Of the plaintiffs, and i'm
properly took the conveyance there
Of in his own name that upon
payment by the plaintiffs 10 the
said defendant within ten days
from the signing of the decree. Of
the sum OF two hundred and twenty
$50 dollars, the said defendant
Is declared 70 Dc s trustee Of the
said land for the plaintiffs, and that
he thereupOn execute and deliver
70 the plaintiffs or TO either Of them
IS they shall elect, good and
sufficient conveyance Of the said
land. And that the defendant
Kauhi pay TO the plaintiffs the costs
OF this suit
The bill will be dismissed Is
against the defendant keshi, but
IS l am not satisfied that he has
been straightforward in this trans
acliOn. I am not inclined TO award
him costs, and he must therefore
pay his own
BY THE COURT.
This i question Of fact, and
depends entirely on the weight Of
evidence and the credibility Of the
witnesses.
II Is coutended by defendants
counsel thst the evidence Of Wun-
denberg stands alone Is 70 the fact
that hauhi WAS employed by him
70 purchase the land in question for
the plaintiffs Snd claims that Mr..
WUndenberg only employed him
10 negotiate for the purchase Of the
land and did not mention that it
wSs for the plsintiffS ; that offers
were made and that the negOtia-
riOns failed and that he ceased 70
set - sgent for Wundenberg IS
Wundenberg would not offer more
snd consequently he was free TO
purchase the land for himself.
On : careful examination Of the
evidence. this contention does not
seem 70 d correct, on the contrary,
the evidence fully Sustains the find
ing Of fact appealed from. Kama
kanui teStifes that after they had
brought suit against hek2ina (ha-
uhi's grantOrl which they had 70
discontinue in consequence Of the
death Of Mr.. A. e. Smith their st
torney. they authorized Mr.. Wun-
denbsrg 70 20 and buy the land for
them: that he, Wundenberg, en-
pioyed Kauhi; that Kauhi told
him that he was 80 employed, wit
ness wife and another being pre-
sent 81 the time. Witness also
says: - AfterBard ne came 10 me
and said he had offered the mSn
sixty dollars znd ne would not take
il, and l reported il 10 Mr.. Wun-
denberg and found out that he had
lot been limited 70 money. but not
70 SCI ike : crazy mzn in making
the purchase There Is also the
evidence Of several witnesses that
ksuhi went 10 plaintiffs house
with kekzinz and talked with Ma
hoe about the purchase Of this land,
this was before he, kauhi, pur-
chased II IN his own name.
The defendant kaahi testifes
thst Ksnzkznui told him the deed
70 Keksins was fraudulent. this
was 81 the time MzhOe and Kekai-
nz hSd the conversation shout pUr-
Chase Of land, and some months
sitter his conversation with Wun-