The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-12-26

other words O. option. such IS
+ ~hkai- Provost '. HrEood. - VI.
al9l OF wish ,RossIter V. Cooper,
= VI. 81. OF choose Evans v.
Bennett. Wis. 4l4l. or desire
(Whitconh :. Gilnsn. s. Vt 30,
4 sll contracts for service: or cSses in
which the ls1g1SSs of the Courts in
T this rsspscs went much fs-ther than
the fscts q the eSssS required. IS II
Wood &. Il II. O. v Smith. 50
Mich SS5 harvesting mSchine, Snd
Tyler '. AmsS. 6 I.sns, 80 tssr1oel:
CT cSsss which sire simply contrary
II rsSsoa Snd suthority, IS sppSr-
entity. Gray V Cent, r. Co. II Hun,
Z % 5sissmboSi', Spd Spring V. An
so1is c Co. n Hun. LIS service.
which We hsve 10; 81 hSnd. but which
sire referred 10 II - Am Rep. 15S !.
There i nothing n the contract IN
question 70 nSks i tsrminshle ST
viii The COupSny csnnOt rsscind 1t
50 fsr IS the clSuSe IN question Is
concerned unless sctuslly dissatisfied
with plaintiffs work For Sught
thst sopss-s II usy hsvs discharged
Sni refused 70 pSy the plaintiff be
Cause dissatisfied with The snount Of
his szlzry. o. to- some other reSson
than dissatisfaction with his work.
snd Ii Is only his work thSt is re
Cuired 70 Be satisfactory by the cove
nsnt snd condition II question To
50 10 further. the question Of the
eES.ercs a detenisnt's dissstisfsc-
non would hsve 70 50 % the jury
But : there anything II the Con-
tract which would require the Jury TO
80 further snd psss upon the reason
sbIeuess Of the dissatisfaction. if
sny It msy be unEise for s person
to engage 70 satisfy smother. but If
be chooses to do 80. the Court must
hold him 70 his contract, but Ii vii
los 50 cols-1s the contract unless
such elesriy sppssrs to Be the inten-
ton Of the parties
In some eSses. the Courts have
held. from the nsture or subject INST
ter Of the contract thst the parties |
must have intended that the d.
sstistsetion should be reasonable IN 1
order to Justify rescission. Duplex
Boiler Co. v Gsrdsn. 101 \. Y.
3ST lsltezstion OF boilers Miesell Y
Ins. Co, IS n Y. lis physicians
carifeste N life insurance esse
Brsansts;n vs. ms Co. l B. i s.
TS3 lproof Of dssthl; Dsllusn '.
King. Bing. N C. los lrepsirs to
building. In such eases the parties
could 10. Be restored 70 their former
position upon rescission OF the con
uset; nor were the feelings. taste,
selsibility, personal convenience. or
preferences, Of one Of the
psrIies involved
In other cases the Courts hsTe
held thst the word satisfaction"
EE similarly qualified by the other
words OF the contract See Sloan '.
Hayden. Ito Mass III service snd
the dissenting opinion Of Bissal. J.
IN Bush '. koll, F.pr5. In Dsggett
=. johnson. Fggrs. the Court say, If
s usn orders s garment Esde Of
given material s1d fashion and
promises TO psy If satisfied. ne
cannot ssy that the garment
IN nsterial and Manufacture. Is
to the ordar. and yet refuse
10 test The Il q Pay for IT" that Is.
be c611oz ssy he Is dissatisfied IN
sry respect IN which the rest OF the
so1Tsct Is complied with In Doll
:. Noble. I16 \. Y %, work vas 30
b done upon 6 house IN the best
SCEkusnliks Manner and 10 the
actlre satiztzetion7 OF the psrty fo-
shcu Il was TO be done The Court
sustained tLs trial Judge Who charged |
IN i1ry- -Ihst While the colus act
provided that il vas 10 Be done 10 the
3~rs-s satisfaction. that clause must
. regarded 6 qualified b. the other
provisions Of the contract that II vas
70 Be docs II the best EOrkmslliks |
and that vas the test II z
sozrec. and full performance q the
songsC--- This Is much Ike the case
! bEr- The plaintiff was TO eol3aet
he business II -zEIlfll and proper
6 vel Is TO the ssGsfse-
ion u the Company Inc reason
u Holding that ordinarily II c1a-
-zcts q this nature the reasonable
-zz II tie dissatisfaction Of the
5ers01 zho / 70 be satisfied cannot
= inquired iu;o e that be nay De
.s--zSsd with that which Is poCrly
IKE and dissatisfied With that which :
: ~aiI 6oEe, and therefore, TO p-0Te
lat Z thing L aeIi done Is nos equiv
lent 20 growing that Il : ss,istsctg-
y 6Cce- This rsss11 d0es lot 90
1ly hare, bscz1=s person cannot
z1-k II -sEIlf1l and propeE nsl-
.sr- and to The satisfaction" OF al .
-.her II that oshs- nay b satisfied OF
: Nth that which / usElli1lly AID
do1s- Tbesa two cure
ants nus have the same meaning
= Be Inconsistent An IuposzibIlity
: III required Of the plaintiff and
,0zld Dos have been contemplated BY
he parties II the covenants we're
I the Alternative e II Clark :. Rice,
s Mich 3l6, they might hsye dIfsE
IL meanings and then Il would Be
-1EEeut If either we're psrfoEnsd-
Beng II ths c1uiarclTe they must
nm their nature bslolg 70 the
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