The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-12-23

| plaintiff presented, and the judge al.
| lowed, seventeen findings of fact and
eight conclusions of law as they are
| termed.
The findings and conclusions are to
| the effect that February 81, 1900, the
plaintiff and the Kona Company made
a contrace for sale OF this property,
that it did not pass to the company S
possession until after the contract OF
March Is, 1901; that the payment of
$4,000 and the note for $37,044.53, given
under that contract, were in settle
ment of the former contract and not
in consideration of the purchase price;
that the payment of the note was a
condition precedent to divest the
plaintiff of it's title; that the later
contract was entire and incapable of
apportionment SO as to ascertain the
price of lienab1e and nonlienable items
was a conditional sale and not a
chattel mortgage or an absolute sale
with lien reserved in the vendor; that
some of the property was not used
for the railway and was not lienable;
that the plaintiff, by the lien suit or
generally, had not waived it's title to
the property or made election of rene-
dlCS VI IlSIlS bO pelI lIilS dCllOu OF
rescind the contract: that the defend
ant took possession with knowledge of
the PLAINTIFF claim of title; that the
value of the property was $4,000 and
that the plaintiff had suffered dam
ages from its detention in the sum of
s1045. being six per cent interest on
S22, 600 from June /. 1903.
The defendants bill of exceptions to
rulings at the trial, the Judgment and
the findings and conclusions was
brought to this court, argued Novem-
Der IA, 1904, and decided January 2S,
1905 (16 Haw. 41S). a petition for re-
hearing argued March Is and April
10, being denied April 90. Ib. no
The exceptions were sustained which
related to the plaintiffs election by
its lien action to treat the property as
sold, the judgment of the Circuit Court
being reversed and the cause directed
to be remanded for such further pro-
ceedings as might be proper.
May the plaintiff moved that the /
decision of January %, reversing the |.
Judgment of the trial court and re- |
the cause for such further |
as may be proper, be |
so as to direct that the case
be renanded to the Circuit Court with /
Instructions to enter judgment for the /
defendant with COSTS" the object OF
ehis motion being stated TO be Gin
order that plaintiff may have final
Judgment entered in the above cause,
which may be reviewed by writ of
error to the Supreme Court of the
United States" Judgment was enter
ed therefor in form prepared by the
plaintiff
Now, therefore. it is considered by
he court and is now ordered and adj
Judged that the judgment entered in
said cause by the Circuit Court OF the
First judicial Circuit, Territory of
Hawaii, for the return of the property
n controversy in the above cause, or,
II case the sum should not be return
ID, for the value thereof, found to be
he sum of SO. 600. and interest there
IN. be and the same is hereby re-
,ersed and the exceptions, in so far
ls they raise the question of election,
ire sustained and the said cause is
hereby remanded to the said Circuit
COURT, with directions TO enter judg-
nent for the defendant with costs"
May II the plaintiff filed motion :