West v. County of Hawaii

Citations

• 24 Haw. 310

Syllabus

<p>Patents — rights of purchaser from patentee.</p> <p>Where the manufacturer of an article protected by letters patent chooses himself to vend it, a purchaser can use the article in any part of the United States, and, unless restricted by contract with the patentee, can sell and dispose of the same.</p> <p>Counties — purchasing property — tenders—competition.</p> <p>White automobile trucks contain parts protected by letters patent and are sold, in the first instance, only by the manufacturer and his authorized agents, but when sold the sale is without restriction as to resale. From these facts it follows that White automobile trucks admit of competition, and where the amount involved is one thousand dollars or more they cannot be purchased by a county without advertising for tenders as required by section 1418, R. L. 1915.</p> <p>Statutes — construction—ioords and phrases.</p> <p>Construing a statute which provides that “No expenditure of public money except for * * * or for other purposes which do not admit of competition, where the sum to be expended shall be one thousand dollars or more, shall be made, except under contract let after public advertisement for sealed tenders in the manner provided by law:” Held, not to except from the provision requiring tenders the purchase of motor trucks, which admit of competition.</p>