The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-30


San Francisco has brought suit In
the Circuit Court against the Ho-
nolulu Market Company of TINS
city for sos, ,043.49, together with legal
interest thereon and attorneys commits
sions and costs.
The plaintiff, by it's attorneys, Kin
ney, Ballou & McClanahan, stated that
on May 20, 1900 at the city of San
Francisco, plaintiff and defendant en-
tereu into a written contract in words
and figures as follows: ~
This agreement, made this 29th day
of May, 1900, between the Kimoall
Steamship Company, "a California corr
poration, and the Honolulu Market
Company, Limited, a Hawaiian corpor-
alton, witnesseth:
That for the period OF two years
from October 1, 1900, said steamship
company has agreed to place at the
disposal of said market company and
said market company has agreed to
use $50 tons of refrigerator space upon
a steamship to be supplied by said
steamship company for voyages from
San Francisco, California, to Honolulu,
Hawaiian Islands, for which space said
market company agrees to pay forty
dollars per ton cubic measurement,
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 saio 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.
TT 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
''It Is further agreed that while the
time herein limited for the continuance
of this agreement is fixed at two years
from October !, 19uU, 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-
49, t. e..
then to terminate at the end of sad
six months.
"KIMBALL STEAMSHIP CO,
"ROBT. J. 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, ana has at all
times been willing to perform its part
Of the contract, but alleges that the
defendant company has since February
10, 1901, neglected and refused and still
neglects and refuses TO ship meat or to
use the refrigerator space upon the
steamship supplied by the plaintiff, and
upon March 2Ss 1901, the defendant,
through it's 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
pany claims to have sustained damage
In the sum of 100000
AS to further damage accruing to
the plaintiff through the breach of this
4 ontract, the plaintiff alleges that by
'ason of entering into said contract 1t
ecame necessary to fit a steamer es-
pecially for the work required by the
contract, $50 tons of refrigerator space
'eIhg a large and unusual amount OF
teirlgerator space upon steamers in the
North Pacific ocean, and that the
ptd'htiH especially equipped a steam
snip for the service anticipated, at a
Sose OF S211S7, and that by reason of the
breach Of contract the special equip
lnent will have to be taken out of the
",eaInshfp to fit her for any use or SER
ice now available to the plaintiff.