The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-01-06

i completed The original b; contained NO aIle, :; l
drive except in - far included copy the agreement
and contained PRAYER for drive except in 81 far s il rJ
generally for the specific enforcement of the agreement In,
amended bill sets forth the drive that made offer. To- nav for
700 head IN addition those counted for whole 400
CLAIMED II the defendant will guarantee that number and pray
generally in the original BILL for the specific enforcement o
INC agreement II seems be taken for granted that if
contract i To he specifically enforced drive will be- nccc
ry Let Us assume that the allegations and PRAYERS the bill
would tc sufficient Justify order for new drive If the
facts would otherwise relief Could then the cur
properly order drive 10y the original defendant II still living
or now by m- administrator cor 10y a master.
y rule courts Of equity do attempt because of the Inn
p@ctclbrv Of doing enforce the performance of oci-
winch require the exercise ot personal skill taste or Judgment
which extend long period time and rIu contip
nous supervision This rule in opinion. although presented
10 some extent M ancni would have little application
The present If the original defendant were still alive Tho
parties having fixed 100 time within which the drive should be-
made the court might HN reasonable time cc Smith Peters.
l. H. 20 E. 81 and the drive would require little or mo- super
vision 10y the court, and it would little except To the
defendant himself whether he employed hi, peculiar xiii o ud
knowledge to the best advantage His interest.
would in all probability compel him to make coplctc drive
and if 1t did the plaintiff would suffer for hc would cc
al the cattle the ranch but would bee obliged To pay for on,
those that were driven and not under month old and
strong and healthy The question whether the drive con
mpacd 10y the parties i requiring the exercise of peculiar
skill Judgment perhaps rather the possession of peculiar
knowledge of the cattle and the lands which they roamed
If importance, much with reference the general power
or practice of court, Of equiv ~ with reference TO the constrc
ou of the agreement IN question Did the parties contemplate,
drive by Fernando personally. Was drive 10y him of the
Of the contract, hi mere unc--cntal mode of
carrying out Tie contract.
C,,tn,.,. r.., 1.....s nj,
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IN, LII wv '.'' Il 'l'I 'oh'I"'' - 'I' Tar "' '''''
,. u H.. IT, f Inc 10y ~: nm - E ~.
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r:7 =, ,' ~ ''', '' '' ''i
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' P i ii 'l'' ""' ''H nave nl"ue LOT ulom
'e' -' W 'I III sun 'I ''' H'''noI u Naluauoh may
81 ~ " " no. VI % me, 81 luc contract 50 tha'
, I'M y - = ~ ~ ' ~. ,' ' - ~ may
49, ~ - '' " -, '', ! ,i' ''i n VI inc con
- I .Sai :,S -, - 80 - ~ " COZ
90. - -; -; =; - IL .' '" ~ ~ " W '''''' ~ -
ont frl,, r, :, I.1;.1 i"., ""'D Il case " -
I - IT, % 's''i'l al HS1', are not changed y,
-" j ,I 49, L'S'"'" 10y ''r contract where the
G;L,I .. p-aJfJ = ~ 10 ~, mere .n,H were previously.
,Ir,t;i ~ a. - n y !I' 'I'' 90 bui where