City and County of Honolulu v. Kam

OPINION OF THE COURT BY

LEWIS, J.

This is a specific performance suit, filed on February 17,1960, to secure the carrying out of a compromise agreement between plaintiff and defendant’s decedent, which was made in 1955 in settlement of an eminent domain proceeding, as set out in Trask v. Kam, 44 Haw. 10, 15-16, 352 P.2d 320, 324. Plaintiff hereinafter is referred to as the “City,” and defendant sometimes is referred to as the “landowner.” Both parties have appealed from the judgment.

The making of the compromise agreement is not contested, nor is that portion of the judgment which requires that…