The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-11-20
OPINION OF THE COURT BY FREAR. J.

This comes here by Of the trial Judge under the
provisions of Sec ~ CHI 81 Laws of 1892 by Act
70 Laws of 1898 exception inerocuory order over
ruling demurrer
The plaintiff alleges that leased defendant certain
described piece of land Ilo Hawaii twenty years begin
ming January l. 1898, annual rental of 5000 and that after
entering into possession he expended about $500 in improve
mens thereon; that before and the time of making said
lease the defendant represented plaintiff that the premises
above described bounded the westerly or auka end
by Public Street Road in said lease expressed that
he alleges information and belief land Immediately
adjoining the said premises the westerly end public
street road but private property and that in March, 1899
certain persons acting, plaintiff is informed and believes
under the direction of John
fifteen eighteen feet high and fifty long the westerly
side OF said improvements and about feet distant therefrom
and upon the land represented b. defendant plaintiff and
designated in said lease road namely, Bridge Street \
copy of the lease attached and made part of the complaint
Plaintiff claims $4,000 damages
The demurrer is based grounds () that the
plant does forth sufficient constitute of
action and CD that it is ambiguous uninelgble and
tain. .airta.
1t uncertain the complaint whether plaintiff intends
this action of for false representations made by the
defendant before accepted by the plaintiff and by
of which the plaintiff induced take the lease
action for the breach of contained in the lease.
1t looks very much if he intended combine the Of
course that could not be done if there counts
for the and the breach of much less be done
in count which is all the complaint contains.
Let however, that the complaint framed the
theory of of action only Then also the demurrer
should be sustained
First let that the complaint framed the theory
of breach of The if any, is implied
the description of the premises in the lease This descp
ton begins ka Hikna Akau XIII o
Bridge Amaulu Streets hoo Akau pill ka
makai Bridge Street kanama kapuai beginning at the
Northeast of Bridge and Amauu Streets thence running
North along the maka side of Bridge Street fifty eet This
is only reference Bridge Street in the lease. If the lessor
at the lease owned the land described Bridge Street.
she and those claiming Under her might be esopped by this
language the lease from afterwards setting up that it not
street. but an estoppe not relied 1t shown that the
land belonged that she any claiming under
her claims that it The plaintiff to establish his
right of relies upon the erection of the fence how
ever might the of damages if any, that
might be recovered but upon the theory that the land not IN
fact public street. whoever be may have been It's owner
and that therefore the supposed implied Of warranty
that the land is street has been broken But such covenant
is implied from the of the words bridge Street IN the
description of the premises Probably the land used
and known Bridge Street and the Of those
words would therefore naturally be used in description Of the
premises in descriptions of premises in deeds and
leases expressions which sufficient to identify the
premises and which used for that purpose only but which
strictly and the strict accuracy of which not IN
tended be warranted For instance land often described as
bounded by the land of this that when the land no
longer belongs him perhaps did belong to INN but
either formerly his supposed to be his No warranty
intended The object merely describe the Land that Is
conveyed leased that the adjoining land Is OF
this that character belongs this that person
On the other hand if false representations made before the ac
cepance of the lease relied still the demurrer must be
sustained This would the satisfactory theory
upon which base the action explain the complaint But III
such would be necessary show only that the repre-
sensations made and that they false which are per-
haps sufficiently shown by the complaint but also that they were
made by the defendant with knowledge that they were false
Cor without knowledge whether they or false and IN