Waxo Kee-rsene v, A. Fencusox.
This was an action to recover $80, for cotton cake supplied to the defendant.
Defendant admitted that he had received cotton cake, to the amount of the claim, from the plaintiff, but explained that he had suld lima cake making machine, on condition that he was daily supplied with 120 catties of cake for $2.50. "Plaintiff was to pay $150 for the machine at the end of a month, if it worked for that time to his satisfaction. He (defendant) was supplied regularly with cake, and plaintiff often said ho was much pleased with the machine, but when six weeks had elopeed. the. price of cotton seeds increased, and plaintiff said he could not supply him any and returned the machine ina damaged jon without having paid anything for reduced a written contract, embody-foregoing terms; but said all negotia reference to it took place between and Mr, Bidwell; he himself had nothing to do with it, bey ding the machine over to plaintiff on receiving the contract, Ho had suggested that plaintiff should py him $30, take back the machine, and forego the present claim, and by #0 doin defendant would only pay the original cost the machi Plaintiff refused to settle the case in this He admitted that there was a contract tence, but denied what purported to be ture to the one now produced, and he ied some of the statements of the Howowr said he could not decide the case without hearing what Mr. Bidwell had to aay, and should adjourn the ease until Thursday for him to be in attendance, as well as two other Chinese who had signed the contract as wine 18th January. Wane Kzg-rsene v, A. Fenavsox, This action was adjourned from the 15th instant. Plaintiff sought to recover $80 for cotton cake supplied, and defendant admitted his indebtedness, but pleaded that. plainti $150, which he had not. paid, but had purchased a cake making machine of him f
turned the machine in a damaged condition. Defendant, at the previous hearing, produced fa written agreement, eigned. by the plainti, but the latter denied that the signature was his; and the hearing was adjourned for further evidence to be produced in reference to it.
Mr. H. 8. Biowett anda Chinaman now proved that the plaintiff entered into the and that a translation of it was plaintiff, when confronted with this evid-acknowledged his signature; and contradlotea the evidence he gave at the previous His Hoxour pointed out that under the agreement, plaintiff, having kept the machine over a month, had purchased it for $150; and therefore was indebted to the defendant to that amount. On the other hand, defendant admitted that he owed plaintiff the $80 now sued for. That was clearly how matters stood between the parties. Judgment would be given for the defendant, who would have to return the machine vintiff.
Defendant expressed his willingness to do #0, and intimated that he should sue plaintiff in the Mixed Court for $70, the difference between the price of the machine and the amount of the present claim,
Text read from the printed page and cleaned; old type leaves the occasional error.