HEW v. Aruda

OPINION OE THE COURT BY

LEVINSON, J.

This case began as an action to recover the price agreed to be paid for goods sold and delivered. The plaintiff Joseph New alleged that in 1957 he sold some cattle to the defendant Alfred Aruda and his brother, Enos Aruda, who operated the Aruda Brothers Ranch on the island of Maui. Only Alfred was named defendant in this action, Enos having died. At the jury-waived trial it was shown that the debt sued on had been discharged but a claim for rent of a one-sixth interest in the land was raised by the testimony of the plaintiff Hew. At the end of the trial the…