25 Haw. 194 | Haw. | 1919
OPINION OF THE COURT BY
The petitioner-appellee instituted a suit in equity in the circuit court of the fourth circuit of the Territory for specific performance against the respofidents-appéllants.
The facts found by the trial judge and supported by the evidence are, in substance, that the respondent Kukahi on the 4th day of December, 1916, executed and delivered to the petitioner a certain contract for the sale of land therein set forth, which contract is as follows: “Hilo, Hawaii, December 4th, 1916. Received from David Hnrst the snm of ten and no/100 dollars, as part payment for the purchase price of land situate at Puueo and known as Kupihee Estate, Total Purchase Price $1400.00.
We are unable to discover, in this transaction any unfairness, injustice or inequality such as to cause a court of equity to refuse specific performance, nor does the price appear inadequate, at least not so inadequate as to warrant the refusal of a court of equity to lend its assistance upon that theory. Nor can the respondent Kukahi complain of laches on the part of petitioner, as he (Kukahi) had prior to April 16 put it out of his power to perform.
The question of laches does not depend upon the fact that a certain definite time has elapsed, but whether under all of the circumstances petitioner is chargeable with a want of clue diligence. “A delay which neither evidences an abandonment of right nor operates to the prejudice of the other party is not a defense.” 36 Cyc. 729, 730; 2 Pomeroy’s Equitable Remedies, Sec. 814.
The evidence shows that such delay as there was was not unreasonable, did not operate to the prejudice of the respondent Kukahi and did not evince an intention of abandonment upon the part of the petitioner.
The respondent Baker took with actual knowledge of the existence of the agreement of sale between the petitioner and the respondent Kukahi and is bound by the same equities. Green v. Pope, 6 Haw. 235; 39 Cyc. 1648-1703; 36 Cyc. 761.
The decree appealed from is affirmed.