The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-08-18
M'CULLY TRACT
ORD[RED SOLD
NEW COMPANY MAY SUCCEED
WAIKIKI LAND AND LOAN
ASSOCIATION.
COMMISSIONER NAMED TO SELL
THE TRACT.
Judge. Robinson Says An Agreement
Not To Bid On Public Contracts Is
Void

A decree by Judge Humphreys was
filed this morning ordering the sale OF
the McCully tract under foreclosure
proceedings by the Queens Hospital,
and appointing Miss Kathryn Widdi-
[ field commissioner to make the SALE
The property consists of 1872 acres at
Waikiki, in three lots, and is to be Of
fered for sale on August 80.
The decree orders that from the pro-
ceeds of the sale the sum of $137,
be paid to the Queens Hospital, and a
fee OF 300 to the commissioner. The
balance, If any there is, is to go to the
Waikiki Land and Loan Association.
1t is stated that a company is being
formed to take over the land, and car
ry out the plans of the Waikiki Land
& Loan Association. The latter COM
pany may drop out, and a new concern
take over the work of developing and
| marketing the tract.
In the case of John Crowder ct al VS..
Henry Bryant ct al Judge Robinson this
morning rendered a decision awarding
s5l733 damages to the plaintiff, for a
breach of contract. The suit was on
account of a contract Of sale entered
into in 1900, whereby the plaintiffs
bought from the defendan the horses
and coaches used In the HOnCulu- X a.
huku- -Kc0lauloa stage line and privi-
lt6tS uGll ny Dry ant as lldll carrier De-
, tween Honolulu, Kahuku and koOlau-
loa. 1t was agreed that the defendants
would not again go into the stage or
mail carrying business, but when the
government advertised for bids for mail
| carrying, the defendants underbid the
plaintiffs, secured the contract, and be-
gan to operate another line.
Judge Robinson holds that the portion
of the contract intended to prevent the
dpfandautS from pOiDpr into mail 20 rt,y
ing business is null and void, being
against public policy. Any agreement
calculated to diminish competition for
lobtainment of public contract is void
says the judge. For the loss of busl-
ness and depreciation in value of the
property caused by the breach of con-
| tract, the sum of $5lI .33 is awarded.
! In the case of Bailey VS.. Cushingham,
the report of w. A. Whiting as master
| was approved. In Lee Chu ct al VS..
! Isaac Noar, a partition suit, it was de-
cided that division of the property was
| impossible without great injury to it's
| value and a commissioners sale was
ordered. c. F. Reynolds was appoint
ed to sell the property.
William 5. Fleming's report as COM
missioner in the case of Kahaleaahu VS..
PerTeira ct al was approved, and a
| judgment for the plaintiff was entered
in accordance with the report, the COM
missioner being given a fee of 500.
The bill of costs in the case of Paris
VS.. Magoon amounting to $437.67 was
| allowed.
A motion has been filed by George a.
Davis to confirm the sale of Lanai lands
on Saturday to Charles Gay. 1t will be
/ heard tomorrow morning before Gear.
High Sheriff Brown has been given 70
| days more in which to make returns OF
| the executions issued in behalf of the
| Hawaiian Star Newspaper Association
and Hoffschlaeger & Company vs.. s.
| w .Lederer. Brown petitioned for an
extension of time on the ground that a
restraining order by Judge Estee pre-
vented him from levyng. Estee's or
der was made on account of petition TO
declare Lederer a bankrupt.