The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1896-04-17

Statue" construed not to mean or IN
clude bust"
OPINION OF THE COURT, by WHIT,
ING, J.
This is an action of aSsunpsit for
$500 upon the following contract, viz.
Studio, Nuuanu Ave,
Honolulu. March q, 1891.
i agree TO pay Mr.. William King
two hundred dollars) on receiving the
commission to execute a statue for the
kalakaua Monument Committee or as
soon as moneys for said statue are paid
into my hands.
ALLEN HUTCHINSON
Judgment was rendered in favor OF
the plaintiff by the District Magistrate
of Honolulu. and defendant appealed
on the following points of law:
Il. The agreement is illegal, being
made by one whose duty it was to OBJ
tain the best contract without favoring
any person, the appellee, W. King. be-
ing a member of the Kalakaua Monu.
ment Association.
y. The agreement has not been per
formed (a) by obtaining Gf that had
been done) contract for a statue, anG
(b) because such contract for a statue
was not obtained"
On the second point, the evidence
showed that on March q. 1891, the de-
PENDANT approached plaintiff with al
agreement TO assist him in getting &
contract from the Kalakaua Monument
Association for a commission for {
statue. Hutchinson claimed thai
Kings services would be of value t
him, and insisted upon giving King the
agreement in question, which defend
ant wrote out himself Plaintiff test
fed that he rend red the services. anC
defendant got the commission to exc
cute the bust or statue, and had beer
paid 1.S00 or $1,000" The defendant
testified that at the time of the agree
ment with King there was distincr
understanding that il was for a statue
and for a sum of $4,000 at least. 90
never procured the statue; l did nor
get the statue because the whole thins
lapsed. Three years or more before i
was revived and then it was brought t
head Immediately in June, 1894.
got the commission for bust by Undue,
ing the members to attend the meeting
to consider proposition / had put il
to make a bust of Kalakaua; a bus
was made
NJ. P. Robinson testified that he was
a member of the original committee in
1891, when the association was first or,
gained; the object of the association
was to erect a fuli-sized bronze monu-
ment of Kalakaua
On the second point raised, the ques-
uon is whether the contract for a
bust" comes within the agreement tC
pay for commission for statue"
Statue is defined: "A lifelike rep.
resentation of a human figure or ami.
NAL in some solid substance as marble
bronze, iron, wood" Oglive's Imperial
Dict.
a solid substance formed by carv.
ing into the likeness of a whole living
being; an image as a statue of Hercu.
les or Of lion" Webster's Dict.
"A plastic work representing a hu.
~9R Or animal figure generally in
marble or bronze, especially such e
work nearly life-size or large as distin.
guished from a statuette and preserv,
ing the proportions in all directions al
distinguished fror relief" STANDARD
Dict.
"A figure of a person or animal made
of some solid substance, as marble
bronze, iron or wood.
sculptured cast or nodded figure prop
erly of some size las distinguished from
a statuette or figureine and in the round
(as distinguished from relief or al
intaglio)." Century Dict.
Bust" is defined:
I'm sculpture The figure of a per.
son in relief showing only the head
shoulders and breast The term may BIZ
applied to the head or neck only or t.
the head and neck with the shoulder:
and breast or to the head with the whole
chest or to the head, neck, breast anC
shoulders with the arms truncatad
above the elbow" Century Dict.
W piece OF StaIuary represent
ing the upper part OF the human figure
including the head, shoulders anC
breast"
(2) The proportion of the human
body included between the head an6
waist whether in statuary or in the
person" Webster's Dict.
THE human head, shoulders anG
breast generally without arms as rep.
resented in sculpture" Standard Dict
Thus there appears to be a clear and
well-defned distinction between a
statue" and bust" and the contract
being ito pay on receiving a commits.
sion to execute a statue" the plaintiff
cannot recover on this contract, he fail
ing TO prove that the original contract
Of March, 1891, was carried out. The
TACT that three years passed before any
iScinr "