Water Company was the subject of an action begun in H.M. Supreme Court last Friday before his Honour Judge Grain. The hearing will probably occupy some considerable time, and his Lordship intimated that he might take the unusual course of sitting all day and late on Monday in order to get the case well advanced before leaving for Tientsin (where he has two important insurance actions, and a divorce case, to try).
Plaintiff in this case is Kwauk Vee-keo, who put in a lengthy state. ment in support of his claim for damages amounting to $43,353 and Tls. 338. According to this statement by an agreement in writing dated October 27, 1916, defendant, (Mr. W. J. Haynes) purchased from A. S, Watson & Ca., Ld., the company's aerated water factory at 134 North Szechuen Road Extension, and the Tiendong Road depot. A clause in this agreement provided that Mr. Haynes would be entitled to use the name of Watson's Aerated Water Factory" in the English language, but that he would not be entitled to use the name of A. 8S. Watson & Ao., Ld., nor the six Chinese. characters meaning "'Wason's Great Medicine House," nor the Lion, Unicorn and Pagoda trade mark, except in so far as they appeared on then existing stocks of bottles and labels.
By as agreement dated May 29, 1919, Mr. Haynes sold the business to plaintiff as a going concern for $95,000, $4,000 being payable on execution of the agreement, $62,500 on June 16 of that year, and the balance by three yearly instalments of $9,500, to be secured by a bill of selle on the plant and machinery. This agreement was duly carried out.
AteceD Unrrun REPReSENTATIONS.
Plaintiff now alleges that defendant made untrue representations concerning the business and had broken certain warranties given, in that the account of stock-in-trade and materials was incorrect. The stock list furnished included certain furniture and fittings which proved to be the property of A. S. Watson Ca., Ld., and which plaintiff had been obliged to deliver up to that company. Further, the following valuations contained in the stock list were excessive, viz., A Ford delivery van valued at $2,190 was useless and was quite worn out and was sold for $420. 3 One light railway track valued at $1,000 was useless and was sold as old iron for $100.
'A delivery van valued at $150 was useless and only fetched an offer of $5 at auction.
A Crossley gas engine valued at $909 was obsolete and was sold for $275.
One boiler feed purim valued at $1,931 was declared dangerous by the Municipal Council's boiler inspector and was sold for $275.
Text read from the printed page and cleaned; old type leaves the occasional error.