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

OPINION OP THE COURT BY

HARTWELL, J.

The ease is fully stated by the circuit judge in his decision, which was as follows:

“Plaintiff in its declaration alleges that in and by virtue of a certain agreement made between it and defendant on October 12, 1898, plaintiff demised and leased to defendant for grazing purposes, all the upper lands of Ilawailoa when not required-for the immediate uses of the party of the first part, and that defendant, in and by virtue of said indenture, promised to pay plaintiff therefor a minimum fair percentage of the total rental paid by plaintiff for the land as a…