The Archive · 1922

Judgement for Plaintiff

Judgement for plaintiff on claim and counterclaim was given on Tuesday by his Honour Judge Grain in the Supreme Court action brought by Mrs. L. E.. Freeman against Messrs Cumine & Milne in respect of the building of a house in Route de Say Zoong. Plaintiff's case was that there had been an encroachment of the road line, and that in certain matters the building was not according to specification. His Lordship found that, in the matter of the encroachment, defendants had been "negligent to a very considerable degree." In the matter of adjusting damages, ho advised the parties to come to a mutual agreement, in order to save the expense of adjudication by an expert. a Mr. H. Langley-Smith, for plaintiff, and Mr. A. E. Seddon, for defendants, agreed to confer and submit their propositions to his Lordship.

In giving judgement, his Lordship said; This is an action brought by the plaintiff, Mrs. Freeman, to recover Tls. 6,100 for damages and losses caused. by the defendants, Messrs. Cumine & Milne, by. their negligence in their capacity as architects and surveyors employed by the plaintiff.

The plaintiffs desired to build a block of flats for the purpose of letting or leasing them as a commercial undertaking. They entered into negotiations with Messrs. Cumine & Milne, a firm of architects in Shanghai. The plaintiffs desired that a building containing two flats at respective rents of about Tls. 125 a month should be built on their own land, which was situated in the French Concession at the corner of Route de Say Zoong and the Avenue MHaig. In due

Text read from the printed page and cleaned; old type leaves the occasional error.

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