CHRISTIAN v. WAIALUA AGRICULTURAL CO.

No. 8329.

94 F.2d 806 (1938)

CHRISTIAN v. WAIALUA AGRICULTURAL CO., Limited, et al. WAIALUA AGRICULTURAL CO., Limited, v. CHRISTIAN et al.

Circuit Court of Appeals, Ninth Circuit.

February 1, 1938.


Attorney(s) appearing for the Case

Charles M. Hite, of Honolulu, T. H., and Sloss, Turner & Finney, M. C. Sloss, E. D. Turner, Jr., and Charles E. Finney, all of San Francisco, Cal. (Sloss, Turner & Finney, of San Francisco, Cal., of counsel), for appellant Christian.

Alfred L. Castle, of Honolulu, T. H., and Herman Phleger and Maurice E. Harrison, both of San Francisco, Cal. (Robertson, Castle & Anthony, of Honolulu, T. H., and Brobeck, Phleger & Harrison, of San Francisco, Cal., of counsel), for cross-appellant Waialua Agr. Co.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.


HANEY, Circuit Judge.

A vigorous petition for rehearing has been filed. We deem it advisable to discuss only a few of the points presented therein.

First. We held that "contracts made by an incompetent are void because an incompetent is incapable of giving the required assent thereto." We further held that a grant of relief against a contract does not follow a mere showing that the contract is void, and that "the situation of the parties is the controlling...

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