The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-09

make the requisite improvements thus secure
title the additional land and made proposition that the
partners with reference said land of the
elements of the proposition being that Holmes bear the whole
expense of clearing Lot Al AS to what the other of the
proposal wer there is conflict in the evidence but it
undpued that whatever the terms Holmes declined the offer
From this point the evidence becomes contradictory Holmes
testimony that he then proposed Ray that each pay
half of the of improving Lot Al and half of the
of the 15s acres that he, Holiness put Lot Al whole
business and that the share the profits equally and that
Ray then and there accepted the offer Ray admitting that
such proposal made Except that he makes mention
in this connection of the Al being put the busine
denies just positively that he accepted and arms the
contrary that he specifically declined the He adds that
the conversation ended by Holmes telling him ito go ahead
and plant the coffee anyway and his replying he would
do and take the chances himself.
Upon the evidence, find that any agreement
entered into the testimony of the parties whether
acceptance rejection of the proposal made
is entirely conflict above noted There nothing in the
record indicate lack of veracy the part of the any
than the part of the oherthe Circuit Judge
marks that the stand equally well in that respect the
community in which they live. Their testimony is evenly
balanced is there anything in their subsequent conduct
disclosed by the evidence which throws light the
subject will Justify the statement that preponderance of
the evidence exists the other.
things mentioned being of possible assistance in
the enquiry first the fact that Ray said to Holiness in
effect eve going to have trouble with the Japs the
land The wife won't sign" Holmes testified that he under
stood that Ray referring the 15S and that he
thereby recognizing the existence of the agreement Rays
testimony that he referring the of sale
Al which he held and other evidence clearly shows that
the time Ray having trouble with the wife of Maro
chi concerning release of her dover rights in Lot A. There
recognition by Ray this conversation of the existence
of partnership agreement The true the second
matter referred w.t. the request by telephone by Ray
Oaa of Holmes Hlo for $500 con of the land
business Although Holmes understood that Ray REFER
to the transaction concerning the 15S acres satisfied
from the evidence that Ray regarded this merely loan
the option of Holmes, payment advance
of Lot Al Ray long distance from Hilo and
his Office knew the combination of the lock of his safe He
needed the he thought the time for certain pay
ment the japanese of Lot Al but owing
subsequent arrangement such payment made and Ray
promptly returned the $500 Holmes with the explanation
that he did not need it.
Third Holmes testifes that day Ray exhibited
to him typewriter copy of proposed form agreement
for the sale and purchase of the 15S acres and that he Holiness
made suggestions concerning the Ray says that
he has recollection of exhibiting any such copy, but
prepared deny that he did Assuming that he did exhibit
the instrument the relations between the parties concerning
Lot AZ sufficient explain Rays Considered
necion with ourt the fact that did Ray call upon
Holmes for share of the OF improving Lot A.
the exhibition of the instrument certainly insufficient
the scales in favor of the complainant
The evidence consistent with the theory that both Holmes
and Ray testified in good faith the former believing that
partnership agreement had been entered into and the latter
convinced that such agreement existed The parties might
well have misunderstood each other the original
which suit arose IF that was case there was
meeting of the minds of the parties and consequently
agreement In any event. complainant has failed prove
by pepnderance of the evidence the the
The decree appealed from is affirmed
C. Creighton for complainant
Ninth Par