Legal Opinion · Dissent

Akiona v. Kohala Sugar Co.

Hawaii Supreme Court

Decided May 26, 1885Published

Exceptions to Findings oe Austin, J. A tenant, who has the right to remove fixtures, must do so before he quits possession. Plaintiff having surrendered all claim to premises under a certain lease, and admitted that he was a tenant at will, cannot recover for a house built by him on the premises for which, under the lease, he was to be paid at the end of the term.

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Exceptions to Findings oe Austin, J. A tenant, who has the right to remove fixtures, must do so before he quits possession. Plaintiff having surrendered all claim to premises under a certain lease, and admitted that he was a tenant at will, cannot recover for a house built by him on the premises for which, under the lease, he was to be paid at the end of the term. Decision of the Court below', holding that Defendant, a corporation, is estopped by acts of its manager and agent, reversed. Austin, J., dissenting.

1Dissent

Dissenting Opinion oe

Austin, J.

In this case I refer to and adopt the opinion of the Court below, except in so far as the same may be added to or modified by what I now say. Henry Johnson was the acting manager in charge of the defendant, owning a large sugar plantation, consisting of a mill for the manufacture of sugar, and many hundreds of acres of land situated at Kohala, Island of Hawaii. The office of the corporation was at Honolulu, Island of Oahu. Books of account were kept at the plantation, but its. leading officers, including its President, Treasurer and Secretary, resided at…

2Cases cited4 opinions

  1. Crowley v. Genesee Mining Co.California Supreme Court · 1880
  2. Dewey v. BordwellNew York Supreme Court · 1832
  3. Bertine v. VarianNew York Court of Chancery · 1832
  4. Cole v. HawesNew York Supreme Court · 1801

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