LOWREY V. HAWAII, 215 U. S. 554 (1910)

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U.S. Supreme Court

Lowrey v. Hawaii, 215 U.S. 554 (1910)

Lowrey v. Hawaii

No. 469

Argued December 6, 1909

Decided January 24, 1910

215 U.S. 554


The decision and opinion of this Court in Lowrey v. Hawaii, 206 U. S. 206, construed and followed as to construction of contract involved and liability thereunder of the Hawaiian government.

A condition to teach a definite Christian doctrine is not satisfied by teaching merely a form of general evangelical Christianity.

Where the breach of a covenant of use entails either forfeiture or payment of a specified sum, the grantee has the right of election until disavowal on his part and denial of the alternative obligation, and until then, notwithstanding a continuous breach, the statute of limitations does not run against the grantor.

A deed of trust conveying all lands of grantor or in which it has any interest held in this case to include its right to a liquidated sum in lieu of right of reentry for a breach of covenant of use of lands theretofore conveyed by it.

19 Haw. 123 reversed.

The facts are stated in the opinion.

Page 215 U. S. 559

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