Cues Taz-churn r. Seaxo Yur & Ca.
This was an adjourned hearing of a claim for Tls. 300,000 arising out of an alleged breach of contract to supply 1,000 tons of antimony between April and November 1906.
Messrs. G. D. Musso, J. Hays and P.M. A. de Graca appeared for the plaintiff; the defendants were represented by Mr. L. E. P. Jones.
Mr. Museo called Chan Vu-kew, assistant compradore to Messrs Hopkins, Dunn & Ca. Witness remembered December 9, 1905, when s discussion took place in the compradore's room with regard to a contract for 1,000 tons of antimony. The discussion took place ween Chen Tze-yuen, Chen Tzechuen, W. Li and Yang. At the time they were discussing the rate to be paid for the antimony and whether ster should be paid or Shanghai taels. Witness identified a rough plan of the compradore's office at Messrs, Hopkins, Donn & Co's. He marked the places where he and the other persons were sitting. Witness turned roand and saw the parties signing the contract which was on the table. After the contract was signed they sat down and talked about the matter for some time, Yang then left and witness went over and read the contract which was on the table.
Several persons Witness identi-ross-examined—Witness could read his name in English, Mr. Jones pointed out that before the plan of the office was handed to witness his nae was written to mark the place where he was sitting, Mr. Musso said the plan was made for his own use and he had not intended to hand it in.
If Mr. Jones desired witness would draw a sketch an another piece of paper.
Cross-examination—continued—The parties had been to the office to discuss former contracts, but witness did not take particular notice of what was then done.
Mr. Musso handed witness a sheet of paper and asked him to draw a rough plan of the compradore's office and mark the desk where he was sitting during the discussion between Chen Tze-yuen, Chen Tze-chuen, Li and Yang.
Ching In-siang said he was in charge of the auction department of Messrs. Hopkins, Dunn and Ca. Witness remembered the discussion in the office December 9,1905 and the making out of the contract. He related what he heard of the conversation, Witness saw the contract signed. The contract was drawn up in the office by Mr. Li.
This concluded plaintiff's evidence.
Mr. Jones applied that the Court summon Mr.Li to give evidence before it.
Counsel for plaintiffs strongly objected, urging that Mr. Jones could call Mr. Li in the usual way if he wished todo so.
Mr. Jones pointed out that this was not a trial, but an investigation by order of the Taotai into the validity of the contract.
Mr. Hays ssid plaintiffs wanted Mr. Li to give evidence but they were not going to call him to examine him, The Court rose without announcing whether Mr. Jones's application for a summons to Mr. Li to attend was /granted or not.
September 4.
Text read from the printed page and cleaned; old type leaves the occasional error.