The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-01-10

work and placed there to crafty unreasonable taste
sesibiy or preferences if the employee did all things
required of him by =llfu and proper manner
the employer was be satisfied The very prop
ey said There nothing in the in question to make
termnabe will The company cannot rocnd it far
the clause in question actually dissatisfied
with plaintiffs work"
said the Porter he present contract
primarily lease, the consist Of payments at certain rate
slaugherin feeding watering and caring for hogs but with
an agreement that this work should be done in all
respects satisfaction OF the defendant lessee it might pay
as rent lump quidaed per in lieu of
hog And in discussing the Interpretation be given
this character the said There third pos
sble the that per
optional upon the part of the party who is to be salts
fed and the that performance required that ones part
fails do good work Under this construction
good work required but the party who to be satisfied made
sole Judge as to whether work good Whether the work
we'll done decided by the jury the sole of
whether the party satisfied The question whether he
ought satisfied but whether he is sasfednot indeed
whether he satisfied with the contract all of it's terms but
whether satisfied that the work itself is done sklul
and wormanke required by the contract Evidence
admissible show whether the work well done
not this would tend show whether the party to be satisfied
was in satisfied with the which the work
whether he merely dissatisfied with the contract
as whole with of its and wished terminate it
than that he satisfied that the work
properly The question for the would be whether
ON evidence the defendant actually satisfied that
the work properly donehe question whether in the
opinion of the jury properly done beinga subordinate
question tending throw light the main question IL
Haw. PIP Al and 1922
There difference between the Rawin and Porter
cases and the One of these contract for per
sonal services the Of lease while this is con-
mortgage Those both before court of law while
this in court of equity The facts in those sub
mitted to Jury while in this the facts and
the determined by the judge However much differ
ence there may the character of the the court will be
guided by the principles this controlled the court
in reaching conclusion in those.
When the of a definite and unambiguous
there is no interpretation 1t only when the language
used by the parties leaves doubt to the meaning and
intention that the will apply the rules of construction and
Interpretation the intention of the parties
to the plain what the parties intended by the
covenant mortgage that the coffee to be cultivated to
of the mortgages their assigns the only duty
of the would be enforce such intention possible under
the law.
AS was pointed in the opinion in the Porter case three
rules of dduced from the various dec
ons on this kind language according the competition IN
which it employed and the subject of the contract in which
been used O that the party to be satished must Oe say
d if as matter of fact he ought saised 2) that the
nse of the words in contract confer the party be SATISFIED
an absolute option terminate the contract at WIZ '' ~
good service required but that the party 10 DC ~
n the sole Judge as whether the work service Is good IN
the application this last rule the real question one OF TACT
O. whether or not party be satisfied Is IN good tah DIS
satisfied with the work service as claimed
Some of the difficulties this have been removed by the
claim of the attorneys the appellant that the case comes
under the third construction above set out and by the
senior counsel of defendants practically concedng the correctness
of this claim This have been the theory OF defendants
counsel who tried the case below.
In this the the leading question submitted TO
tho inda for determination whether the appellant
was as matter good faith dissatisfied with the defend
ants cultivation coffee The judge found that he pa