Macfarlane v. Republic of Hawaii

OPINION OF TOE COURT BY

FREAR J.

The plaintiff alleges that he purchased of defendant for $46,000 the Hawaiian Hotel Premises situated in Honolulu, at a sale at public auction made in pursuance of an advertisement which contained nothing as to who should bear the expense of the deed or the stamp duty thereon; that defendant tendered him an unstamped deed; that he accepted the same under protest; that it is the universal custom and usage of business and commercial men in these Islands for the vendor to deliver a stamped deed unless otherwise agreed. The stamp duty in question amounts to $184,…