The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-11-07

tain premises, on Alakea and Bishop
streets at a rental of $500 per year,
which because of the fraud and bad
faith of said defendant, are of no val
ue. The petition also sets out the con-
ditions Of the agreement between the
plaintiff and defendant as to the finan-
cling of the scheme, the difference of
opinion being as 10 the amount to be
repaid each year. During the months
of June and July, it is alleged, defend
ant, hoping to further embarrass the
piaint1n insisted that plaintiff should
secure at least one tenant for the build
ing, which condition was complied with
and this proved satisfactory to the de-
fendant and an agreement was finally
drawn up and signed by both parties.
one of the conditions as alleged being
that $1,000 only be repaid each year. A
trust deed was also drawn UP and
placed in the hands of defendant, but
it is alleged that it either secreted or
destroyed the same"
Plaintiff also alleges that the build
ing scheme had great prospects OF sue
cess, and that the renting of the build
ing would have brought the plaintiff
very large profit and that by reason
of the failure of defendant to carry out
the terms of the agreement, the plain
tiff has suffered great damage, and has
been at a large expense which has been
caused solely by the breach of contract,
and by the fraudulent ard dishonor-
able conduct of the said defendant, the
said defendant well knowing of the tre-
mendous loss caused to this plaintiff
by their continual delay and refusals
to carry out their aforesaid agreement
and hoping that by such delays and re-
fusals they could force this plaintiff to
harder terms, and that the breach of
the agreements aforesaid by said de-
fendant was and is wholly wiIfully
fraudulent and unjustifiable."
For this breach of agreement the
plaintiff asks the sum Of 10000, for the
commission charged on the notes, the
sum of $1,000 is asked, and for expense
of drawing up the articles of associa-
tion, plaintiff wants $3.50 AS special
damages the sum of $4,000 is deman ded
For another cause of action plaintiff
says that a verbal agreement was made
with the Hawaiian Engineering & Con-
st1uction Co. for the erection of the
said building, which they now decline
to carry out alleging as sole reason
therefor the failure and refusal of de-
fendant to carry out it's contract.
Damages for this is estimated at s., ,00O
1t is further set out that the Hawai-
ian Engineering & Construction CO..
offered to make advances in the sum of
$4,000 but because of the action of the
defendant refuses to do so and DANA
ges for $4,000 are asked for this account
a similar agreement is alleged to have
been made with Levers & Cooke for
the advance of $4,000 which is now re-
fused, and damag ges for that amount
is asked from the defendant
Arrangements were made also with
c. W. Dickey to draw up the plans for
the building, and $500 paid him on ac-
count, there being still due the sum of
$2S7 and Judgment is asked also against
the defendant for that sum.
As third count it is alleged that de-
fendant cancelled the agreement with
a tenant secured by plaintiff at rental
of $500 per month, for which the sum
of $4,000 in damages is asked. Total
damages in the sum of $25, ,937 so is
claimed and the plaintiff asks Judgment
for that amount with interest from July
Is, 1902, together with costs and attor-
neys' fees.