The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-05-13

(Sig) - Gro A. TuRsERo
This would be sufficient memorandum (see Studs o. Wat
son. L r. % CHI Div 305 but for the fact that the evidence
shows that there other than the consideration
not FORTH namely that the deed be given only when
the patent obtained But this found letter to
the plaintiff signed by the defendant dated January 81 1885,
containing the following language:
Well about land matters have just been up to see
Mr. Baldwin in regard and he has promised go up
the place this week and look and the nursery
have started and if have the cleared and the nursery
looks though business there will be difficulty. He
has given understand The balance of purchase price
the lots will be, my SO $4,000, your 40
$4,000, making total of S585O0 This has be paid
upon application for clear title deed Will make the appica
ton for lust arrange to do So
If you forward the per Knau will arrange every
thing delay Will Mr. Peck soon as he
town, probably Saturday, he generally
last of the week when he all. Will deed
you, the moment receive same from the Govmt'
There believe that portion of the letter
of January 81 is in itself sufficient memorandumon the
theory that the land our 14O acres which the only
other than the considerations which there could be any
doubt could be identified located by paro evidence For to
what land could the defendant have referred but only
land that far appears would the description of $40
acres your land land for which patent be obtained
by the defendant from the and which the defendant
had agreed sell and convey the plaintiff? But
any doubt upon this point all that required
letter with the receipt of November g. which the lots are
specifically described
The general rule that Of this kind detached
signed writings order be signed writings
must be referred in the signed writings that all the
writings signed is sufficient if they all refer the
agreement and that whether they do refer the same oral
agreement transaction be determined by internal
dence and condolences through inspection and comparison
Thayer a. Luce, % Oh. St. 60.
Attention has already been called the letter
the of the land 140 acs that speaks of
your land; that indicates that land patent
is to be obtained from the government and land which
defendant had agreed to sell plaintiff all which found
to be of the land mentioned the receipt Further
letter and receipt of Of letters and receipts all of
which less interviewer by
to the matters which appear be
Transaction and there other land transaction
dence which they could be taken refer These receipts
letters dated Nov. and 49, Dec 49, 1897 JAN
"a and 27 Feb 10 and May 49, 1898 Among the
persons thus referred the and coee land the
purchase price," @ agreement "Olaa my so acrs thez
clearing of the land the time required for clearing the making
of nursery, Mr. Baldwin, agent for government lands Hlo
Mr. Peck through whom the balance of the purchase price
rendered, &c. &C. For instance in this very letter of January
81 the defendant referred Mr. Baldwin
ton with the 40 that he would Peck
the next letter he that he had Mr. Peck and that
the latter handed to him he enclosed paper which Mr. Bald
win made for him showing paid Oaa lots also
DUE, &C. And the nclosed paper begins: Geo A. Turner,
Olaa Lots Paid $29430 which the of the receipt
of November The fact that there evidence of any
other land transaction between these parties also supports the
that these receipts and letters refer the transaction in
question See Becaoith Talbot, 95 t. S. 2S9; Lerned
Wanmemache Allen 412 See also in addition supra
this general subject Gaze Hastings l. r. O. B. d. 1885,
Long a. Mi1lar, L. r. 4 G. P. D. $50.
There may of have been other terms the oral
Of which there evidence and which forth
any of the writings signed by the defendant but that may
be theoretically any Proof having been made of
sufficient constitute complete contract and all such
being found in writings signed by the defendant in
cumben the defendant show that there other
embodied in the writings he relies that defense
There wer true other referred of the