Ferry v. Hakalau Plantation Co.

*746OPINION OF THE COURT BY

ROBERTSON, C.J.

In an action of assumpsit upon two counts against the Platalau Plantation Company the plaintiff, Ferry, claimed the sum of $1875.54 for 448.729 tons of sugar cane alleged to have been sold and delivered to the former by the latter. Upon conflicting testimony the trial court found that the defendant did not purchase the cane from the plaintiff so that that point is not now open to discussion. The question was whether under the circumstances which will be stated the plaintiff was entitled to recover from the defendant the value of the cane. Undisputed facts…