The Pacific commercial advertiser., 1900-10-19
y TIE SUPREME COURT OF THE TERRITORY OF
HAWAII


enable the former to enforce specific performance
.una notwithstanding TIE Of frauds
lasucu contract operate exngushment
Tor the original as to prevent the enforcement
L or only modification permit its enforce nent
mb enforcement Of the modification DEFENDANTS
~aOn
part performance, be relied by either party
demurrer specific performance
susn, the theory there a written signed
Eo be charged and accepted orally by the other
Fce oral modification Il did operats exngush-
Of the original contract
OPINION or THE COURT BY FREAR CT
s bill in equity for specific performance Of an alleged
ncu, to lease the Ahupuaa Of Lumahai on the Island Of
m The Circuit Judge dismissed the bill on demurrer, and
huhbd decree this appeal is taken.
gcement sought be enforced alleged to consist of an
r contained in letter from defendants agent to plaintiffs
I and accepted orally by the plaintiff translation Of the
sr which 10 IN Hawaiian, is on ilc follows:
w e. Akana my regards you. The offer Of $5 900 for
d Of Lumahai for the year end therefore high
%r Ut TINS date, TO w.t. is 2,200 and if there is
yr er than tins then the land will belong this person.
ArfoU because of my aloha for Wong Kwai think you
tell him il he has any thought desre for tile land
m mus give one hundred dollars (Sl00 this ofer that
EO ior the year. then the door will close, person
nT 0di and Wong kwa should agree then the lease will
made Immediately for ten years. the lease beginning the
E january, ~. ID. 1900, and the lease shall be made
allowing Monday, the 18th, paying the time the half
@yenry rental in advance that Is, S115o If Wong Kwai
w wen will Immediately draw up the document and sign
sa' away ON the Monday morning and acknowledge it
u'y uen That trouble will be at end You be quick,
ug great consideration for his interest because he is the
s Who has been the land for a long tine. Your true
SneD 1u rrrrrrrrrrr
Washington Place, Oct 18th, 1sos"
nnts attorney suggests several changes in the ransla
""eh Il made, would alter the decision demurrer
nerciorc need not be further noticed now
% Phnhh alleges that Akana acted his duly authorized
eeuhe as the duly authorized agent Of the defendant
as natter
0w acceptance Of tho offer assumed to be embodied in
sFrsr the plaintiff alleges.
mat upon the date mentioned in said Exhibit a.
r ny .he 18th day of October the plaintiff met the
hcl'uhc, agent aforesaid, and accepted and rat
H.. vS agreement signed by the said Joseph Heeluhe,
O ~ hercinbefore referred to, and the said Joseph
N %ung rs the agent and behalf of said defendant,
% 'ro caused 10 bc prepared and did prepare lease Of
proposed 10 be leased the plaintiff and embodying
n,S anu conditions Of said lease as in said memorandum
r~1 WIN certain other subordinate provisions ordinarily
' said lease drafted by said Joseph Heleluhe with
In m " amendments made by your petitioner, then and
n,ns.s agreed upon by the said Joseph Heleuhe and
rco., beng in conformity with said memorandum OF
ndms, copy OF which Is hereto annexed marked Exhibit
Il made made part hereof
nv ,aM The plaintif has always been ready and is
which % The said lease his part any other form OF
cnm,s WI" carry out tho terms Of said memorandum OF
@~1', the letter. Exhibit "B" is form of lease not
and Of Lumahni mentioned in the letter, but Of that
or exceptions in favor Of the lessor, of ten
Excepting only the privilege the part of the
therein for his own use) Except only for
n. HrcwoOd or Othcrwise) and breadfruit. orange
Ndspd..,
urges in support of the demurrer that % the
asv OHer or memorandum Of agreement but merely
d. munication Of advice make offer, (2) if it
e ,'i m w% not accepted upon the terms upon which it
Aanr, @ 1t was offer and properly accepted,
~m, 49,, made was waived or abandoned and different
sm,,' '''' Of which there was no memorandum signed by