Court on Saturday before Mr. N. E. Lourton, (Commis. sioner) Mr. Robert L. Stuvens, of the Pacific Mrchine Works, sued Montgomery, Ward & Ca. for Tls. 100.55, the balance alleged to be due on a bill for the installation of an electric light plant in the American Advent Mission at_Chao-hsien, Anhui. Mr. H. R. Snyder appeared for Mr. Stevens and Col. J. F. Quinn, manager of the Shanzhai office of Montgomery, Ward Ca., handled the case for his firm.
Dr. Charles A. Powell, the first witness called, stated that when in Chicago he had ordered an electric light plant from the headquarters of the defendant company which bore the usual guarantee that it would be delivered in good condition or any damage made good. As some parts were missing and others damaged he took up the matter with the Shanghai house of which Mr. Tillson was then manager and asked for compensation for the delay and inconvenience, Mr. Ti'lson offered to send up a mechanic to install the plant. According to agreement the mechanic also did additional work for Dr. Powell, keeping separate accounts of time and material expended. According to contract Montgomery, Ward & Ca. were to be responsible for payment of the entire bill, and to secure reimbursement from Dr. Powell for work done outside the electric plant job. When the whole bill for Tls. 854.50 was presented to the present manager, Col. Quinn, he at first refused to pay, since he knew nothing about the arrangement and so Dr. Powell paid Tls. 279.80 for the additional work.
Mr. Stevens was called to the stand as the second witness and corroborated the previous statements, adding that the defendants later paid Tls. 474.15 but refused to pay the balance, Tls. 100.55, claiming: that it was payment for time expended. in wiring, the hospital buildings and installing a switchboard which could not properly be charged to the installation of the electric plant. Plaintiff claimed that this was an essential part of the electric light plant, as it could not be operated without the wiring and the switchboard had been injured in transit and had to be repaired. Cross examination. 1e-examination, to say nothing of attempted arguments, repressed by the Commissioner, took time until noon when Mr. Lurton adjourned the case for a week.
Text read from the printed page and cleaned; old type leaves the occasional error.