Macfarlane v. Gilmore

Decided January 15, 1851

Hawaii Supreme Court · decided 1851-01-15

This was an action brought to recover $900 and interest, on a contract. It appealed that in December last the plaintiff entered into a written agreement with the defendant for the sale of the schooner “ Snake.” Macfarlane wrote out the agreement, binding h mself to sell the vessel to Gilmore, and deliver the same on the morrow or whenever it might suit the defendant.

Decided 1851-01-15

Chief Justice Lee,

¶1after summing up the facts, charged the jury that the plaintiff could not sustain his action against Gilmore alone. It must be brought against Gilmore and Vida jointly, they being joint and not several contractors. Secondly, the contract is executory, and the plaintiff cannot recover the purchase money for the vessel, until he has first tendered to Gilmore and Vida a good and sufficient bill of sale. The general maritime law requires such a bill, as the proper muniment of the title of the vessel.

¶2The jury returned their verdict in favor of the defendant.