Hong Hoon v. Lum Wai

DISSENTING OPINION OF

PERRY, J.

Briefly stated the case is this: Plaintiffs agreed to sell, and the defendants agreed to buy, certain taro. Plaintiffs refused to perform. Thereupon the defendants filed a bill in equity seeking- specific performance of the contract of sale and obtained the issuance of a temporary injunction restraining the vendors from selling or delivering the taro to persons other than the contractual vendees. In order to obtain this injunction the vendees filed a bond in. favor of the vendors to assure them against all costs, charges and damages sustained by them by reason of…