Same Case, Before the Same Justices

Decided March 15, 1889

Hawaii Supreme Court · decided 1889-03-15

<p>If in a bill for specific performance the contract sought to be enforced, admits, in the opinion of the plaintiffs, of two constructions, they should both be averred in the bill alternatively.</p>

Decided 1889-03-15

¶1Concurring Opinion op

Mr. Justice Dole.

¶2I concur with the conclusion of the foregoing decision — that the said motion be overruled, but base my opinion on the ground that the covenant in question cannot be interpreted to mean a covenant to give the tenants the refusal of a new lease.