Waialua Agricultural Co. v. Oahu Railway & Land Co.

OPINION OP THE COURT EY

WILDER, J.

This is a reserved question from the circuit court of the first circuit. In 1905 plaintiff brought an action of assumpsit against defendant for $15,178.95, being for the use of certain lands at Waialua from October 1, 1898, to October 1, 1903, on an agreement by defendant dated October 12, 1898, that it would pay plaintiff for the use of said lands a fair minimum percentage of the total rental paid by plaintiff to the Bishop Estate for all of the lands, which amount was $3780 annually. The circuit court, jury waived, gave judgment for plaintiff for $4899.60…