The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-20
TWO BIG CASES FIELD OF SPORT.
Col. Sam'l Norris Not Or
dered to Sell Ranch.
a Decision Rendered BY Judge
Perry-Authority of Agent.
Liliuokalani'S Lawsuit.

Judge Perry yesterday rendered de-
cision in the case of the Hawaiian Ag-
!! ricultural Co. C. Brewer & Co,
agents. VS.. Samuel Morris, bill for spe-
cific performance, dismissing plaintiffs
bill This is a suit in which plaintiif
prays that respondent be compelled to
carry out certain agreement, entered
into by j. o. Carter, as agent OF re
spondent, for the sale of kahuku
ranch, complainant averring that he is
now ready and willing to pay the con-
sideration agreed upon and generally
to perform its part Of agreement. The
defense is that j. O. Carter had no
authority to enter into any agreement
for the sale of said land on behalf OF
respondent, and that, even II he had
such authority, it was confined to a
sale for cash and that consequently
the agreement sued on, providing for
payment partly in cash and partly in
notes on time was not within such
authority. The court, in it's decision,
holds as follows:
In this case, d can simply give my
opinion as TO the construction Of the
letter of May II, 1898, and that is that
it was the respondents intention there
by TO confer upon Carter authority to
sell the land for the price named and
that that intention is sufficiently eX-
pressed in the letter The subsequent
correspondence, until the date of the
agreement, shows that both parties
understood that they were dealing with
each other as principal and agent and
not solely as friends, one seeking and
the other giving information, as now
claimed by respondent.
The attempted sale, partly for cash
and partly on credit, was not within
the agents authority, and is not bind
ing on the principal. The tender now
made of the whole consideration OF
100000 cash cannot affect the rights
of the parties. To order its acceptance
would be to enforce new contract not
entered into by them. The bill is dis
missed
Wong Kwai began suit yesterday
morning against Queen Liliuokalanl to
compel specific performance of con-
tract entered into between himself and
Joseph Heleluhi, agent for the latter.
Complaint alleges that on October 10
petitioner entered into an agreement
with Heleluhi for the lease of the Ahu-
puaa of Lumahai, on the island of
Kauai, for an annual rental of $4,000,
for ten years. On October II the lease
was prepared and all the points in it
agreed upon. Since then, however,
Liliuokalani had refused to sign the
lease and expressed an intention of
letting the land 10 a third party. In
compliance with the petition Judge
Perry has signed writ enjoining LII
luokalani and her agents from leasing
or otherwise diSpoSing of the land in
question until the matter is determined
upon by the Court. With Hee Che, as
surety plaintiff has filed an indemnity
bond in the sum of 81 GOO against the
Injunction. l. \. Thurston is attorney
for plaintiff.
Geo r. Carter. administrator of the
estate of +. A. Jones, deceased, has
applied to the Court for an order dis
charging deceased and his estate from
further liability as assignee of c.. X.
Norton, who was adjudged a bankrupt
January Is, 1898. Judge Perry will
hear the application October 2S.
An answer has been filed in the case
of Nalau VS.. Eva Plantation Co. and
w. ]. Lowrie. by Cecil Brown, attorney
for defendants. denying all Of the allie
cations in plaintiffs complaint.
Father IF. H) Nalentin, executor OF
the estate of Anna Cahill, deceased,
has filed a petition in probate court for
| the allowance of accounts, discharge
and final distribution. Hearing ordered
Monday. November p, before Judge
| Perry.