Shanghai, 10th July.
Before F. 8. A. Bourse, Exq., Assistant Judge.
Kwo Sux-Kes v. Camxey.
This was the further hearing of the case in which Kwo Sun-kee, a Chinese contractor, sued Mr. 'T. Cairney for Tls. 300, the amount due to him as payee of cheque drawn by defendant. At the last hearing of the ease, on the 11th February, his Honour had adjourned the summons me dic and told The defendant to make up his mind whether Kwo Sun-kee could on with the contract, and if not, defen-must pay for what had already been done. He also suggested that the man} should be given fortnight to yo on with his work, On resuming the hearing of the ease, his Honour remarked that he was quite certain the defendant owed plaintiff a cor-tain amount of money and that it had better he paid at once.
Defendant said that sinew th date of the last hearing of the case plaintiff had done no further work in respect of the contract, but had sent another contractor, named Yung Kee, to complete the work which was even yet unfinished. as only 828 chang out of the original 2,000 charly, had been completed. He also added that he (the defendant) would have to pay Yung Kee and this would exhaust the whole of the money owing to the plaintiff.
Plaintiff, questioned through an inter-prefer, said that Yung Kee's contract was quite distinct from the original contract between plaintiff and defendant, and would be paid for by the owners of the property, the Engineering, Shipbuilding and Dock Ca. Ld.
Defendant, at. this point, handed ina contract, duly signed and bearing plaintiff's chop, in which it was stated that the amount due under that contract should be apportioned between plaintiff and Yung Kee according to the work done by them.
Plaintiff, in reply to his Honour, stated that the sum of Tls. 688 and $410 were: owing to him by defendant, but the latter produced a copy letter which showed that the contract price for the work was to be $0.30 per chang and as only 828 chang had been completed, the amount owing could only be $248.40, His Honour said that he could not give final judgment as the amount due to plaintiff was uncertain, but he would make an order that defendant should, within 3 days, pay into Court such sum of money as was really owing, and also file accounts showing the correct. amounts due to the plaintiff and Yung Kee.
Text read from the printed page and cleaned; old type leaves the occasional error.