Horner v. Spreckels
Hawaii Supreme Court
Appeal from Decision op Austin, J., Overruling Demurrer. W. Y. Horner, having made a planting contract with defendant, assigned an interest in the contract to his brother, J. M. Horner, who brought suit against defendant for breach of the contract. Held that J. M. Horner, by the assignment, became, not a tenant in common with his brother, but a joint contractor, and therefore W. Y. Horner should have been joined as a co-plaintiff.
1Opinion of the Court
*431Opinion of the Court, by
Preston, J.
This action is brought to recover the sum of $31,902 82 damages alleged to have been sustained by the plaintiff in consequence of the alleged breach of an agreement for planting and grinding cane.
The complaint alleges that the defendant on the 19th January, 1880, agreed with one William Y. Horner that in consideration that said W. Y. Horner or his assigns should for the term of seven years thereafter plant with sugar cane at least two hundred acres of land in each year during the said term for the defendant, upon the Island of Maui, and cultivate, irrigate…
2Cases cited8 opinions
- Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
- Tiernan v. JacksonSupreme Court of the United States · 1831
- Von Horne v. CrainNew York Court of Chancery · 1829
- Porter v. BleilerNew York Supreme Court · 1853
- Cruger v. . McLauryNew York Court of Appeals · 1869
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