Makee Sugar Co. v. Tuck Chew

OPINION OP THE COURT BY

PREAR, C.J.

The plaintiff, a corporation, as lessor, and the defendant, as lessee, executed in duplicate a lease dated August 1,1894, of certain rice lands situated at Kapaa, Kauai, each retaining a copy of the lease; the lessee afterwards committed breaches of a covenant to sell no rice to -others than the lessor without the latter’s consent; the lessor, finding that a forfeiture could not be enforced under the terms of the lease for breaches of this covenant, informed the lessee that unless a change were made in the lease whereby such a forfeiture could be enforced,…