The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-04-03
MAGOON IN A HOLE.CALL ON THE BISHOP
CLERICAL ERROR" MAKES HIM
WORRY
Files Bill Asking for Relief From Chi
nese Tenants Who Are Trying TO
Cheat Him. He Declares.

j. Alfred MagoOn seems to be i'm some
thing of a hole regarding a lease of
some property to two Chinese. In fact,
the Chinese have the upper hand of
him TO such an extent, that he has filed
a bill asking for the reformation and
termination of the lease. The action
was brought i'm equity and has caused
no end of merriment oyer the evident
discontinue Of Mr. MasOOh, on one side
and the self satisfied complaisance of
the Chinese defendants, on the other
The action is brought by Magoon and
his wife against Chin Kee Knau and
Ang Ton. The bill makes the following
allegations THAT said j. Alfred Ma
goon was upon the 9Th day of July 1901
seized and possessed Of certain lands
and premises situate between Punch
bowl and Miller streets in Honolulu,
described in Royal Patent 1917 Award
4S3 with the building and improvements
thereon, which lands, buildings and I'M
provements were Of the value Of $4,000
and upwards.
THAT on said last mentioned day said
j. Alfred MagoOn executed to and with
defendants a lease of said premises for
the term of thirty years, beginning
with the first day of August, 1901, in
which lease said Emmeline MagOon
joined for the purpose of binding her
dover right in said premises
said premises was $l0O per month Cor
the first two years, $3.50 per month for
the next succeeding four years and $3.50
per month for the remainder of the
term, /. e. twenty-four years; said rem
tai to be paid in advance on the first
day of each and every month a, the
office of said j. Alfred MagoOn, i'm Homo
lulu, in gold coin of the United States,
without deduction of any description for
improvements or changes Of any kind.
"That by and on account of a clerical
error the words per month were omit
ted in two places, so that the clause ac-
tually reads as follows: Yielding and
paying therefor rent at the rate of one
hundred dollars ($100) for the first two
years, one hundred and fifty dollars
CS15O) for the next succeeding four years
and two hundred and fifty dollars ($250)
per month for the remainder of the
term, viz, twenty-fOur years. -
Whereas in fact it was the intention
of the parties, plaintiffs and defendants
to have inserted the words per month
i'm each of said places, and that the
omission of the same permits a con-
struction of said lease. which makes the
rental of said premises $50 per year for
the first two years and $37 so per year
for the next 9uceeediHB- fouE-yaaFs.
THAT the defendants have refused to
pay the rent of said premises since the
first day of November, 1901, and there is
rent now due, owing and unpaid under
said lease. the sum of $61O, and defen-
dants fraudentially, and with intent to
cheat plaintiffs, deny any rent is now
due plaintiffs under said lease, but on
the contrary, claim that they have paid
said rent, l. g. 800 for the first two
years"
In addition to these allegations the
bill further alleges that the defendants
have violated the agreements of the
lease, by failing to adequately have the
buildings protected by fire insurance
and the plaintiffs ask that the cOrrec-
tions be made in the lease, and that the
lease be declared terminated by reason
of the failure to get the fire insurance
as agreed