Atau v. Goo Wan Hoy

Citations

• 23 Haw. 182
• 1916 Haw. LEXIS 30

Syllabus

<p>Replevin- — possession—trespass.</p> <p>Where one takes forcible possession of bis own goods be may. be liable in trespass but not in replevin.</p> <p>Sales — conditional sale — title—performance.</p> <p>In a conditional sale title to tbe property remains in tbe vendor until tbe vendee bas paid tbe purchase price or made proper tender thereof. A mere readiness to pay or to make tender is not sufficient.</p> <p>Same — same—right to possession — demand—tender.</p> <p>Where, under tbe terms of an agreement of conditional sale upon deferred payments, a part of tbe purchase price has been paid, and payments have been received after they were due, and time is not of tbe essence of tbe contract, a demand for performance on tbe part of tbe vendee is necessary before tbe property can be retaken by tbe vendor. If upon demand tbe vendee fails to pay tbe sum due and thereupon tbe vendor retakes the property a subsequent tender will be too late, but in tbe absence of such a demand tbe vendee, in order to replevy tbe goods, need not prove that be bad tendered tbe balance of tbe purchase price.</p>