The Hawaiian gazette., 1896-09-25
OPINION OF THE COURT, BY FREAR, ].

This is suit for specific performance option purchase
contained in lease from j. d. Paris Sr to the plaintiff
After making the lease the lessor conveyed the premises to
defendant R. Paris minor, subject life interests in
himself and his wife, the defendant Mary c. Paris Subsequently
he died and his D. Paris, Jr defendant appointed
administrator of his
The of house with three enclosed lots, 1911
in area Kaawaoa, South Kona, Hawaii for term of
twenty years from the first day of October 1885, and upon the
fument of the conditions hereinafter set forth Then follow
five by the lessee in separate paragraphs the second
of which clear the lantana from all the said
closed lots within eighteen months from date and to keep them
clear until the termination of said lease Following these
the the lessor for quiet enjoyment
the lessee fulmg the terms and condlon heren stated
Following this separate paragraph, follows: Moreover
lessee shall have the privilege of purchasing said property
with acres of land less additional square
of the lot when he shall have paid the of $4,000 to the
lessor his legal representatives Finally there para
graph providing reentry default shall be made
fulfilling any of the conditions of the lease.
The lessor and after his death, his j. d. Paris, Jr
of his accepted $50 per pay
able quarterly ADVANCE until April l, 1895 On April 30
1895 J. D. Paris Jr administrator, the lessee notice to
quit breach of the condition clear the land OF antana
day later he rendered the rent for the quarter
beginning April 1895 which he declined receive. He then
instituted proceedings and obtained judgment for possession
the premises in the District Court of South Kona The
appealed the Circuit Court, where still pending On
or about June g. 1895 advice of COUNSEL j. d. Paris, Jr
upon the premises and read notices. behalf and
guardian and father of j. R. Paris the other behalf and
by the authority of Mary Paris in each of which notices he
that he entered upon the premises and took OF
the breach of the conditions and covenants OF the
lease demanded immediate and peaceful surrender OF the
premises, which refused August s. 1895 Mary c. Paris
released qutcaimed the premises James R. Paris Aug
1895 James R. Paris by j D. Paris, Jr as guardian
Gd Ge and friend brought ejecment for the premises
against the Circuit Court In October the lessee
D. Paris h the land $3.50 (which declined
and November 20 1895, brought this suit
commencement of the lease, October l. 1885, large
portion the land covered with antana the end of the
first eighteen months little half of this land had been
cleared On April 80 1895 the date of the first notice init
there was still threefourth of of the original
growth anana the land and considerable young anta
two three high scattered the land in patches On
June g. 1895 the date of the second notice and entry most OF
the old anana had been cleared but there large growth
of young ntana nearly all in flower and some IN seed some
of which still the land after the Of this
suit in November.
1t argued for the defendants that the effect Of the word
moreover the beginning of the option paragraph IN the
lease TO incorporate that paragraph the clause he lessee
fulfilling the and conditions herein stated found IN the
preceding paragraph relating to quiet enjoyment and make
the exercise of the purchase option expressly dependent upon the
performance of condition precedent failure IN the perform
OF which would work forfeiture of the ophon notWl
standing the continuance the acceptance of
and thus bring the within the principles governing Gilbert
Port, % Oh. St. 276 and steele Bond % Mimi IA But
that the analogous far the
strucon of the instrument is concerned Hdgar Buck A
VT 1885, relied for the plaintiff See also Green Lou %
Beav 625 In Hagar Buck there covenants to build
house of certain kind and size within two years. and to keep
houses in repair of quiet enjoyment condition of
performance of the ees option of purchase
upon payment of $780, and power and take
upon breach of the e The Court held that the
option of purchase might be exercised long the lease
continued force by the acceptance of rent notwithstanding
failure keep the that the right enter for breach
of the waived long accepted but
no longer repair being continuing and
that although entry had been made for breach of this
equity would relieve against the forfeiture because it would
work hardship the lessee and full compensation could be
made to the lessor.
Courts equity regard the performance of covenants in
leases as the real object desired and the right of entry
security for such performance and they do not always hold
parties strictly their legal rights but often relieve against
forfeiture especially if full and exact compensation can be made
to the injured party Accordingly of breach Of
nant TO pay rent relief generally granted against forfeiture,
because payment of the with interest thereon deemed full
and compensation But the of other covenants
to repair insure clear off anana relief will generally,
except cases fraud mistake accident surprise be granted
because the compensation cannot be acertained And