Christian v. Waialua Agricultural Co.

DISSENTING OPINION OE

BANKS, J.

I cannot agree with the majority of the court that it was error to cancel the lease of 1905 and the instrument of 1906.

It seems to be the opinion of the majority that the lease of 1905 is incontestable by Eliza Christian for the reason that it was taken in ignorance of her imbecility and was beneficial to her. It also seems to be the opinion of the majority that the instrument of 1906 is incontestable by Eliza Christian, so far as the Waialna company is concerned, for the reason that the Waialna company purchased from Annie Kentwell, for a valuable consideration,…