This was a chim for $94.70 for photoengravings supplied by the plaintiff to the defendant. The defence was that the engravings were not ordered, and. that when it, was heard that they were being prepared notice was given to the pla that they were not required. sdmittes that-the engravings ware printed In reply to his Honour the defendant
in_a special trade edition of his paper, the New Press," and said that he would pay the man who supplied them to him.
Plaintiff stated that Mr. Chesney Duncan, the joint lessee with defendant of the "New Press," ordered the engravings towards the end of May. The price originally agreed upon was 25 cents per square inch, the engravings to be on copper. This price was afterwards reduced t) 20 cents the engravings to be on zine. Mr. Cowen never told him that he did not want him to do the work, which was for an illustrated descriptive edition of the "New Press," which was published on the 20th July, His Honour, to the defendant—What the plaintiff says is that Chesney Duncan, who ordered these things from him is your partner. Itis clear that you will have to pay a proper price for them unless you can show reason to the contrary.
Plaintiff in reply to the defendant admitted that some of the engravings had been sent back and replaced by others and that Mr. Grey had told him by word of mouth that they were not good enough Defendant said that Grey was the man who ordered these engravings. He made a contract with Grey who in turn made a contract with plaintiff. For anything he knew Grey might have made contracts with hundreds of people. Grey was at resent in Japan but intended to come ack, as he had not collected the money ne to him from the "New Press" except some small advances.
His Honour said that the results of the labour of the plaintiff went into the paper, and the money must not be paid to Grey.
Defendant replied that he had promised the plaintiff that he would withhold the money from Grey and pay him, His Honour—Between you and Mr. -Grey—whoever he is—you must settle with the man. Meanwhile you must not part mith the money. It seems to me from what I hear that you and. Grey are principal and agent in employing the plaintiff. Grey is not a distinct person altogether, but your agent. When will he be back?
Defendant said that Mr, Grey, was in Uthat he would be back by the 4th August. But defendant could not because Grey sent a telegram to him on Monday asking for money to enable him to come back. He would get a percentage—probably $500 or $600—on the proceeds, which had not_yet come in. The work done by plaintiff was very unsatisfactory. Defendant offered to get the matter settled amicably by the intervention of the Consul, but the plaintiff refused the offer.
Plaintiff said that he could bring expert vidence to show that the inferiority of the work was not the fault of the blocks supplied but of the printing. His agreement with his customers was that they could return the blocks and he would make new ones, His Honour—That seems to be a very good argument. You could have returned the blocks. Why did you not return them?
Defendant said that at one time they could not return them and had to put up with bad work in order not to delay the publication.
Plaintiff answered by saying that the last block was returned to him on the 5th and he sent a new one on the 6th.
The paper was not printed before the 10th aly.
His Honour—I think you had better pay the money. Iam quite satisfied as to the merits of the case, but I will give you every opportunity to get the evidence of Mr. Grey as to the quality of the work. I will ask you to pay the money into Court.
The defendant suid hw hal intiff that he would nor have the engra-
His Honour remarked that it was. piece of humbug to say that, as the engravings were used, and Grey was the agent of defendant.
Defendant replied that Grey was nothing but acwvasser and had no authority to make e ntraets with anyone, Eventuslly his Honour adjourned the case for fifteen days after ordering the money to be paid into Court, t he payment of the money to be decided on when Grey returns to Shanghai,
Text read from the printed page and cleaned; old type leaves the occasional error.