The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-26
OPINION OF THE COURT BY FREAR, CT.

.s was previously before the court appeal from
r,mssing the bill on demurrer. That decree was re-
rono Krai T. Dominis, ante. 90. The case now comes
a from decree granting the relief prayed for after
.on tbe merits The suit is for specific performance
n,d agreement to lease the Ahupuaa of Lumahai on
| land Of Kauai
main questions argued whether certain letter writ
e Heeube to one Akana offer to lease the land
40 whether the offer accepted, and whether the said
M and Akana were the duly authorized agents of the
p and plaintiff respectively The facts in outline
nraIy as follows:
pnif had leased the land originally for ten years and
% two successive renewals of ten years each and had
possession as lessee under defendants predecessors and
for nearly thirty years Heleuhe was defendants con
for many years up the time of his DEATH which
m after the bringing of this suit. In 1891 she gave him
neral power of attorney, which recorded On Novem
30 1896 she gave Mr.. J. O. Carter general power Of
new which also recorded and notice of which pub
in the newspapers. On December 3, 1896, Heleluhe
M her attorney two leases in her presence. On Deem
1885, she went the United States, accompanied by
Heeuhe for number Of years and after the latters
Eae paid Mr., Carter During the defendants
he the plaintiff spoke to Mr. Carter several times about
g renewal of the lease The latter told him to wait
defendants and that it would have to be left for
sign On August TO- 1898, the plaintiff consulted one
to the best course to pursue to obtain a renewal.
employed by Carter in collecting rents for the de
Ntsndh ad IF
bad Office his own account and advised others and
Papers for them. He told the plaintiff that Heleluhe and
we're the only to in regard to the matter and
M him to write letter to Heeluhe and, at his request he
a application for lease which the plaintiff signed and
Heeuhe the next day Akana and the plaintiff
a what said between them in regard to the powers
aeuhe and Carter The former seemed to think that 1t
understood that the matter would have to be referred to the
n but the latter says Akana told him that either Hele
Carter could sign The plaintiff apparently did not
what the powers of Heleuhe and Carter were or
T they held written powers of attorney. He says that
ne told him he had full power to act In the letter to
ne he wrote among other things: I ask yours and Her
sEs kindness, to let your servant have the land"
October - Akana received from Heleuhe letter of
ue following is the translation on file:
y Akana my regards to you. The offer of $4,000 for
' Oh Lmahai for the year is at end therefore the
O1r at this date that is is $780, and if there no
nr offer than this then the land will belong to this
because of my aloha for Wong Kwai, therefore
should go and tell him if he has any thought (deslre)
then he must give one hundred dollars ($100) over
mat Is, 300 for the year, then the door is closed,
'"n further bid, and if Wong Kwai should agree then
s;. WI De made Immediately for ten years. the lease
n III 'ne LIST day of January A. D. 1000 ard the lesss
's on the following Monday the 18th, paying at the
ia me half of the yearly rental in advance, that is
sAa wong hwai agrees, then / will Immediately draw
sn i'n' and sign it right away the Monday morn
v edge it that day, then that trouble is at an
se+ 'e quick; taking great consideration for his
esbD,4 ne was the person who has been on the lano
e 0ne- Your true friend,
Wash; Signed H. HnrrruHr-
gu rlaee, Oct. 18TH 1885,
Sss. Swing this letter, sent for one Kan Wing Chew
' u the plaintiff and occasionally employed BY