Ookala Sugar Plantation Co. v. Wilson

OPINION OP THE COURT BY

PREAR, C.J.

This is an action of assumpsit brought by the plaintiff as tenant of the defendant to recover an alleged excess of rent claimed to have been paid under, a mutual mistake of facts.

*128The defendant leased to the plaintiff' the land in the District of Iiamalrua, Island of Hawaii, covered by Royal Patent (Or.) 2316 to Kama and Peniamina, at an annual rental of seven dollars per-acre. The plaintiff paid rent eight years and a half for an area represented by A B O E on the diagram and then

*129claimed that the true area was as represented by A B O D, the difference in…