Pae

This cause was here upon a previous appeal and was remanded to the Supreme Court of Hawaii upon the specific ground that there was manifest error as matter of law in the affirmance of a finding of the trial court that “the failure to register the age of plaintiff upon the certificate” in a Torrens Act proceeding (Rev.Laws 1955, § 342-1 et seq.) “was due to the negligence of plaintiff himself.” 1 Specifically, this Court held there was a failure to apply the principles of the common law, since the negligence of a minor is not conclusive *450 against him in an action upon the contract. Since this was the main ground of the holding of the Supreme Court, remand was necessary. Our decision has been accepted by that court upon this main point. The Territorial Court points out:

The remand was made to obtain clarification of the Hawaiian law in this respect, which, because of expressions in the opinion, was treated by this Court as the main ground of decision.

By the current opinion, the Supreme Court of Hawaii makes the subsidiary position, that the statutory requirement that plaintiff exhaust his right of action or other remedy before resorting to a contract action against the…

I concur in the result. See 9 Cir., 256 F.2d 208 , 216.