The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-29

entered into agreement with plaintiff wherein
and whereby he sold and agreed assign plaintiff
lease of land in Puueo IIo Hawaii which he held from
Keomakani copy Of said agreement hereto attached and
made part thereof
ID. That plaintiff has complied all Of the conditions of
ad agreement his part be performed and has demanded
Of defendant assignment said lease which defendant has
refused and neglected and still negec and do
Wherefore plaintiff pays that process may citing the
defendant appear and this his complaint and that he
may judgment against defendant requiring him assign
plaintiff and such other and further
relief may be just and equitable and for Of suit"
The defendant answered follows
Now comes the defendant the petition
fled herein alleges
That he every allegation in said
petition made not hereinafter admitted.
That he admits execution Of agreement
but alleges the fact be that the intention of the parties
that should only assign the lease the
land which the blacksmith shop located and the entire
land held by the defendant under his that this defendant
stands ready and willing perform said agreement the
intended be performed the time of its execution
whenever the plaintiff pays the money agreed
Wherefore defendant asks that he be discharged with
his in this behalf expended"
The Circuit Judge upon the evidence adduccd the law
action then made the following decree:
This coming be heard the ID day of August
D. 1895 Messrs Wilder, Wise and Wakefield appearing for
plaintiff and Messrs Little and abraith appearing the
defendant and the evidence being offered behalf of both
plaintiff and defendant the submitted the
and after due consideration thereof the finds for the
plaintiff and orders adjudges and DEGREES follows:
It is ordered adjudged and decrced that upon payment of
$1,000 by Tong On plaintiff herein to Kee defendant
herein that the defendant Tai Kee shall make and
deliver plaintiff Tong of the whole of the
lease referred in the petition said and that he deliver
the plaintiff the blacksmith shop and the tools therein and
all buildings situated upon the lands embraced in said lease
and that plaintiff have and from the defendant Tai Kee
his in this action
An appeal to this taken by defendant On
examination of the evidence find that the agreement whose
execution sought be enforced that quoted pages 425
and of the decisions this volume. Tong On Tai Kec
referred BY this agreement Tai Kee agreed sell
he of his shoeing shop together with buildings
fixtures tools and lease Tong On. The price
1870 hundred dollars paid advance agreed
and the balance $40 rendered and refused. The
defendant refused the assignment of the lease when
presented him for signature. make from
the evidence his that the agreement called for
assignment entire of the premises which the
blacksmith shop stood whereas he intended to lease only the
on which the shop leased portion of the lot
another There evidence of the alleged prior lease
The agreement speaks itself 1t called for the 'lease,
agreement sufficiently definite be enforceable. If
relieved of his equitable
grounds he should it up in bill rescnd REFORM
possibly by crossbl He cannot bill for specific per
o1nance show by paro that he msoOk the meaning of his
language in the
We do find established any defense plaintiffs claim
and affirm the decree appealed from
". S. Wise for plaintiff
&. f. Little for defendant.