Legal Opinion

Chapin v. Tisdale

Hawaii Supreme Court

Decided January 8, 1884PublishedCited by 3 opinions

Exceptions from the ruling of McCully, J. An agreement contained the following clause : “And it is also further “ agreed in consideration of the distance from said mill that “ the parties of the first part their heirs and assigns will pay “ to Charles A. Chapin his heirs and assigns the sum of three “ (3.00) dollars per ton on all the sugar produced from thirty-seven “ and one-half (37}) acres of cane, and rattoons of each crop, dur- “ ingthe above term of ten years, said…

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Exceptions from the ruling of McCully, J. An agreement contained the following clause : “And it is also further “ agreed in consideration of the distance from said mill that “ the parties of the first part their heirs and assigns will pay “ to Charles A. Chapin his heirs and assigns the sum of three “ (3.00) dollars per ton on all the sugar produced from thirty-seven “ and one-half (37}) acres of cane, and rattoons of each crop, dur- “ ingthe above term of ten years, said number of tons per acre to “ be an average of the entire crop of cane and rattoons each year.” The words “ 37J acres of…

1Opinion of the Court

Opinion of the Court, by

Judd, C. J.

This is an action for an alleged breach of covenant contained in an agreement between the parties. The plaintiff, and another who has now parted with his interest, therein agrees to plant not less than 75 and not more than 150 acres of sugar cane yearly for the term of ten years, irrespective of rattoons, and the defendants agree to grind and manufacture the same for a certain share stated. The agreement is lengthy and goes into many particulars. The covenant upon which this action is based, is as follows:

“And it is also further agreed in consideration of…

2Cited by3 opinions

  1. Globe Indemnity Co. v. TeixeiraDistrict Court, D. Hawaii · 1964
  2. McBryde Sugar Co. v. AndradeHawaii Supreme Court · 1915
  3. In re the Estate of ParkerHawaii Supreme Court · 1909

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