Shanghai, Feb. 24.
Before the Hon. C. S. Losixcier, Judge.
Siao King-kee v. American Trading Ca, Messers. Jernigan, Fessenden Rose were for the plaintiff and Messrs, Fleming, Davis & Bryan for the defendants.
In this case, a bill in equity for the specific performance of a written contract of settlement between the parties and for incidental damages resulting from delay in performance, his Honour delivered judgement.
After referring to the fact that the answer and cross-bill admitted the execution of the contract, but alleged that it failed correctly to express the real balance agreed upon by the parties by reason of the double crediting to plaintiff of an item of Tls. 19,359, to which he was concededly entitled, on account of a certain potash transaction, the judgement, after reciting the claims and-answer, and certain portions of the evidence applicable to the motion, went on to state that the motion for a modification of the interlocutory decree of July 9, 1919, was overruled, and that it was further considered and decreed that upon paying defendant the sum of Tls. 19,350 plaintiff should have specific performance of said reformed contract, including the return of title deed No. 1398, deposited with it under the terms thereof, together with his costs; but that in case plaintiff fail, fora period of 30 days to make such payment (he having expressly submitted himself to the jurisdiction of this court and agreed to abide by its judge-tent) defendant will be entitled to recover from him the said sum of Tls. 19,350, upon delivering to him title deed No. 1398, but to retain said deed until the payment of said sum, A whole street of 5,000 houses has been burned down at Chungking. Many lives were lost, and the damage is estimated at $5,000,000.
Text read from the printed page and cleaned; old type leaves the occasional error.