The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-04-02

oitv for sos. .04S. 40, together with legal
interest thereon and attorney commis-
sions and costs.
The plaintiff, by its attorneys, Kin
ney, Ballou & McClanahan, stated that
on May 20, 1900, at the city of san
Francisco, plaintiff and defendant en-
tered into a written contract in words
and figures as follows:
This agreement, made this 18th day
of May. 1900 between the kimoaii
Steamship Company, California cor
poration, and the Honolulu Market
Company. Limited, a Hawaiian corpor-
alton, witnesseth:
THAT for the period OF two years
from October |, 1900. said steamship
company has agreed to place at the
disposal of said market company ana
said market company has agreed 10
use $50 tons of refrigerator space upon
steamship to be supplied by SAID
steamship company for voyages from
San Francisco, California, to Honolulu.
Hawaiian Islands, for which space salu
market company agrees TO pay forty
dollars per ton cubic measurement,
whether used by said market company
or unused. The first trip hereunder
will be commenced from San Francisco
during the first week of October. 1900.
and continue at intervals from San
Francisco to Honolulu Of not exceeding
five weeks; and said steamship COM
pany agrees to deliver to said market
company at wharf in Honolulu, in good
condition all cold storage meats IN
trusted TO it for shipment (the Homo
lulu Market Company agreeing to ship
no meats or other products except in
good. first class condition., and to pro
tect said market company against loss
of any goods occurring from breakage
of machinery or other delays except
such caused by fire or the elements.
The said market agrees to ship,
through saiu steamship company. all
freight which said market company
sends from San Francisco to Honolulu.
or from Honolulu to San Francisco, and
agrees to pay for freight in either di
rection, other than refrigerator space,
at the rate of S. per ton, weight or
measurement, ships option.
"It is further agreed that upon three
months notice from said market com
pany said steamship company Will put
on an additional steamship, in which
event the said conditions shall apply
as are provided for said first boat.
1T is further agreed that while the
time herein limited for the continuance
of this agreement is fixed at two years
from October !, 1gvV, this agreement
shall continue after the expiration of
said two years until either party here
to shall give to the other six months
notice in writing of it's intention to de-
termine this agreement; this agreement
n ~ lt a &. al
six months.
"KIMBALL STEAMSHIP Co,
"ROBT. ]. TYSON. Vice Pres.
"A. J. BRANDER, Sec'y.
HONOLULU MARKET Co, LTD,
by it's Secretary. Louis A. Rostin,"
The plaintiff then goes on to state
that in pursuance of said contract the
steamship company did supply a steam
ship for voyages from San Francisco
to Honolulu and that the steamship
made two voyages from san Francisco
to Honolulu ana return, anu has at all
times been willing to perform it's part
OF the contract, but alleges that the
defendant company has since February
is, 1901. neglected and refused and still
use the refrigerator space upon the
steamship supplied by the plaintiff, and
upon March 2S, 1901. the defendant,
through its attorneys. notified the
plaintiff that it would not make any
further shipments under said contract.
In consequence OF this refusal of the
defendant to make further shipments
under said contract the steamship COM
1Io 10 ha, Cot Al, a
in the sum of 100000.
AS to further damage accruing 10
the plaintiff through the breach OF this
contract, the plaintiff alleges that by
reason OF entering into said contract it
became necessary to nt n steamer es-
pecially for the work required by the
contract, $50 tons of refrigerator space
being a large and unusual amount of
refrigerator space upon steamers in the
North Pacific ocean, and that the
plaintiff especially equipped a steam
ship for the service anticipated, at a
cost of s2l. 1877. and that by reason OF the
breach OF contract the special equip
ment will have to be taken out of the
steamship to NJ her for any use or SER
vice now available to the plaintiff
For further damage, the plaintiff al
ltBes lndt AT lhc time lNe Sltclal equip
ment was put into the steamship the
vessel was engaged I'm an extensive and
profitable business I'm the Alaska trade
and that during the time when said
steamship was necessarily withdrawn
from the Alaska trade the vessel could
easily have earned the sum Of $4,000
over and above her operating expenses
Furthermore, as a separate cause OF
action, the plaintiff makes the alloga-
tiun that the bin for refrigerator space
AS above given amounted To large
sum and the Honolulu Market COM
many is now indebted 20 the steamship
company M the sum ~ Sa2,il25O
For freight shipped on the steamship
outside the refrigerator space the de-
trndant became indebted In the sum ~
tjsbdb. The plaintiff also alleges that
lt ala purchase goods Tor tho defendant
AZ thu latIer'H request HundFy gooas
anu merchandise amounting a. I66iag,
which has not hoon paid They also
claim nat the defendant received orr
IuIU monica fFsU. ll.U.tnIu .4.Y aIsan..a