Shanghai, 9th November.
Before F. 8. A. Bourse, Esq., Assistant Judge.
Mrs. Bortost r. Rontxsox Praxo Ca.
This was a claim for the sum of $80, the cost of necessary repairs tu a piano sold to the plaintiff by the defendant Company.
Plaintiff (sorn) said that first of all defendants sold her a defective piano on the hire purchase system. On the defects being pointed out, they exchanged the piano for another one, which also turned out to be faulty.
At this point plaintiff handed in a letter, written in February, from Mr. Mackey, ab that time the manager for the defendant firm, in which it was agreed to exchange the first piano for another one.
Plaintiff, continuing, stated that the first piano was partly paid for and she had paid in full for the second piano. The price was Tis 425. She had the receipts. The piano was tuned by the defendants once, in March last. In Avgust she wrote to them to tune it again, but they refused. She did not know why they refused to tune it again.
His Honour said that he would now take the evidence of thuse witnesses who were here as experts, so that they might get away. Plaintiff could continue her evidence later.
Jesse John Mansfield, sworn, stated that he tuned the piano on the 22nd August for Messrs, Moutrie and Ca. He did' not examine the piano, but simply tuned it. Mr. Moutrie examined it. At the time he did not notice any extraordinary defects; he thought it a tolerably good piano as far as pianos went 1n Shang-Michael Haimovitch, aworn, stated that he had seen the piano, He went with his assistant and examined it carefully, The wrest plartk (the board in which the pins are fixed) had gone down. In euch a case the piano was liable to get out of tune very quickly. It would not remain steady. It could be made all right.
In reply to Mr. Ruchwaldy, who repre: sented the defendant Company, witness said that he had not tuned the piano. The pins were not loose. He had seen the wrest plank and knew that it had gone down.
Mr. Mansfield (recalled), in reply to Mr. Ruchwaldy, said that the pismo stood tuning on the 23rd August.
Plaintiff continuing her evidence, produced bills and receipts dating" from January, 1899, to show that the piano was paid for.
Mr. Ruchwaldy said that there was a balance owing to the defendants of $164 odd. They had catered a claim in the Italian Consulate to reevver that amount.
His Honour said that he could not decide this case until the Italian Consul had gone into the question of accounts and decided thereon. He would adjourn the case sine In the meantime the defendants had better get their case put forward before the Italian Consul,
Text read from the printed page and cleaned; old type leaves the occasional error.