The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-08-04
OPINION or THE COURT BY FREAR. CD.

This il bill and coesbil The bill is brought for the can
eon Of a deed delivered defendant Rodiek in escrow and
m the forfeiture cash payment made on account of the pur-
chase price OF the land in questonon the ground that the bal
the purchase price paid within the time agreed
npon The cobi il brought for the delivery of the deed
ipon the payment Of such balance.
The main question j., whether the time agreed upon for the
nymen The balance of the purchase price of the of
ma contract
The facts are these: On February 81 1890 John and Emma
oubcg executed warranty deed of Lots SO and 40 Oaa,
pur llawan containing 100 acres Anna Zimmerman for
consideration Of ~ 800 paid and to be paid" At the same
lime John Bohncnbcrg and Anna Zmmermann by A. thinner
Manu. executed agreement the body Of which follows:
First That the said first party joined by his wife, has this
ganed sold and conveyed the second party his Oaa
n being Olaa Lots No. 80 and 40 and containing an
hundred acres for and in consideration of the
twenty-five hundred S25oooo) dollars, cash in hand paid
.0 be paid ~ follows towit two hundred dollars cash in hand
ah the receipt of which hereby acknowledged and the bal
of wentythrec hundred dollars (S2,3OO0O) be paid
before the 18th day Of May A. d. 1892 without interest
Second That the deed this day executed by the first party and
wife conveying said premises the said second party
delivered in by placing the with Geo. Rodiek,
Who hereby instructed that he shall hold said deed until the
balance Of the purchase money for said lard ow the of
vcnhrec hundred dollars paid him by the second party;
at when said sum paid him he is then deliver said deed
The said second party her order and is the said
isl party for said of 50 800.
Third That said second party has executed prom
sorry note payable to the order of the first party before
Nay 18TH 1892 for the of twentythree hundred dollars,
caring interest from maturity the of per per
months sd note is to be- placed with Mr. Geo Rodiek and
be- held by him until paid by the said second party: that
'en the second party pays Mr. Rodek before May 18th,
$780, the Of twentythrec hundred $2 100000 dollars said
@ shall be cancelled and delivered to the said second party
Third II is understood and agreed between the parties hereto
nat The said second party pay said balance DUE towi the
twenty three hundred dollars at any tine before the 18th
Nay he shall wish do and that when said paid
hat said note shall he delivered TO him together with the said
eed held in escrow ~ aforesaid.
40 The time the eferreJ to in the agreement
wcuied by NINA Immcrumnn by a. Zimmermann the
sng that II To bear interest at the of one per
month from maturity
The deed agreement and note were delivered to defendant
ek in envelope norsed follows in the presence of
hnenbeg and Zimmerman by the attorney who drew the
r' The within papers delivered you and be
M until May 18TH 1892 until A. Zimmerman pays you
HwOOo, then YOU To deliver him the deed and note"
VA May l., 1892 Zimmerman, who appears to haze acted
ghou for his wife, delivered Rodiek checks upon Ho-
nu bank TO the Of 800 payable in god with in
ons 20 deliver them Bohnenberg, and demanded the
@ % refused TO deliver the deed to accept the checks
ment He, however, received the checks and May 49,
wv offered them 10 Bohncnberg who refused TO accept them
mmmann then cndcavorcd to obtain gold, which, owing to
Say in lIo at the time lac unable TO obtain, to the
mount required until May 25 when he rendered to Rodiek
o gold and interest thereon the of IL per cent per
mum from May 49, This tender refused and thinner
@ then deposited the with the Clerk of the Circuit
WY subject 10 lio,es ORDER his delivery Of the deed
equity time regarded of the of a contract
On intention to make clearly appears In the present
mere little tending support the theory OF such an in
% and much negative IT, portion Of the purchase price
PAID upon the execution 1T the deed and provision
NJ IS 70 its disposition in the balance should not be paid
agreement provided that Hodek should hold the deed in
p g" until the balance Of the purchase money is
and that when it should be paid the deed should be de
ao provided lid the note, that the balance of the
price should not bear interest up to May 10, but that
thereafter Equity favor compensation as by the pay
49, o interest 10 the injured party, rather than forfeiture
' me dcfaung party, where injustice would result
apparently, interest would fully compensate Bohnenbere
e delay in payment, and good faith and diligence were
M W Lnncmann's part.
% following points, raised in the brief though not referred
W" arrumcut 10y counsel for the Bohnenbergs will b
mat The deed j. absolutely void because both Bohnen
u' Nnneumann knew the time that Reinhart wa
"'r ct an undivided half Of the land and because n
was made 10y which lac convey his portion
~ hhton "' "c'' s"'"cn' oil tnis proPoSuo" i i' ""
M ny that Bohncnberg executed the deed under mi
Little partner Of the attorney who drew the paper
WV mi ~ Knew that he signing deed for the whole of tn
u''s not appear that he induced TO do throug