The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-09-23
OPINION OF THE COURT, BY FREAR. J.

This specific performance option of purchase
contained in lease from j. d. Paris ST. the plaintiff
After making the lease the lessor conveyed the premises
defendant Paris minor, subject life interests in
the defendant Mary c. Paris Subsequently
he died and his j. d. Paris Jr, defendant appointed
administrator of his
The lease is of stone house with enclosed lots 1911
area, KaawaIoa South Kona Hawaii, for of
twenty years from the day of October 1885, land the
fument conditions hereinafter forth Then follow
five by the lessee separate paragraphs the second
the from all the said
within eighteen months from date and keep them
clear until the termination of said lease Following these
the lessor for quiet enjoyment
he fulfilling the and conditions herein stated
Following this is separate paragraph follows Moreover
the lessee shall have the privilege of purchasing said property
with of land less additional square
of the lot when he shall have paid the sum OF $4,000 to the
lessor his legal representatives Finally there para
graph providing for reentry default shall be made IN
fulfilling any of the conditions of the lease.
The lessor and after his death, his j. d. Paris, Jr
administrator of his accepted $50 per
able quarterly in advance) until April l. 1888 On April 80
d. Paris Jr administrator, the lessee notice to
quit the condition clear the land of antana
day or two later the quarter
beginning April 1895 which he declined He then
instituted proceedings and obtained Judgment for possession OF
premises in the District Court of South KOna The
appealed where it is still pending On
about June 1895, advice of COUNSEL j. d. Paris Jr
upon premises and read notices. behalf and
as guardian r. Paris other behalf and
by the authority of Mary c. Paris in each of which notices he
upon the premises and took possession of
the for breach of the conditions terms and covenants OF the
demanded immediate and peaceful surrender of the
premises which refused August 8, 1885, Mary c. Paris
released and qucamed the premises James r. Paris Aug
1895 James r. Paris by j. d. Paris Jr guardian
friend, brought eiectment for the premises
against the lessee, in the Circuit Court In October the lessee
rendered D. Paris J the land $3.50 (Which decned
and November 20 1895, brought this suit.
At the of the lease October l. 1883, large
ortio Of the land was covered with lantana at the END of the
first eighteen little half of this land had been
April 80, 1895 the date of the first notice 30 quit
still threefourths of of the original
growth the land and considerable young lantna
three feet high scattered over the land IN patches ON
1895 the date of the second notice and of
the old nana had been cleared but there large growth
young antana, nearly all in flower and in seed
which still the land after the commencement OF this
suit in November.
It is argued for the defendants that the word
the beginning of the option paragraph the
incorporate that paragraph the clause 1.-The lessee
fulfilling the terms found in the
preceding paragraph relating quiet enjoyment and make
of the purchase option expressly dependent the
performance of condition precedent failure in the perform
of which would work forfeiture of the option noth
standing the continuance OF the lease 10y the acceptance OF rent
bring the within the principles governing Gilbert
H. Port Oh 276 and steele Bond - Mimi. A. But
that the Is more analogous Tar as the con
struction of the instrument concerned to Hogdr Buck A
Vt 265 relied on for the plain See also Green o. Lo y
house of within years, and keep
repair; of quiet enjoyment condition of
performance of the eees covenants an option OF purchase
upon payment of $780, and power and take
upon the essees The Court held that the
option purchase might be exercised long the lease
force by the acceptance of rent Notwithstanding
failure keep the that the right for breach
Of tho covenants was waived so LONG as rent was accented bu
longer repair being continuing and
that although entry had been made for breach of this
equity would relieve against the forfeiture because would
hardship to the lessee and full compensation could be
made to the lessor
Courts of equity regard the performance of in
object desired and the right of entry
performance and they do always hold
strictly their legal rights but often relieve against
forfeiture especially full and exact compensation be made
injured party. Accordingly in of breach of
pay relief generally granted against forfeiture
payment the with interest thereon deemed full
compensation But the of other
repair insure off anana relief will generally
mistake, accident surprise be granted
because the compensation be aceraned And