First Trust Co. v. Cabrinha

OPINION OP THE COURT BY

KEMP, J.

This is an action in ejectment by the First Trust Company of Hilo, Limited, plaintiff, against A. M. Cabrinha, defendant, to recover possession of certain real estate which the defendant had contracted to purchase from the plaintiff and for which he agreed to pay at the rate of fifty dollars per month, payments to begin September 1, 1916, and fifty dollars on the first day of each month thereafter until the purchase price is paid in full. In the instrument evidencing the agreement time was declared to be of the essence of the contract. A forfeiture of the…