Schuhl appeared for. the defendant firm represented by the local manager, Mr. Alfred Vogel.
Tt' was alleged by the plaintiff that the egg albumen, delivered der contract whereby defendant w: to purchase from plaintiff tons 2240 Ibs. each dried hen''s egg Dumen crystals of 1926 manufacture, prime quality number one, with eer tain other points relative to quality, at the rate of Tls. 130 per. picul, had come up to the specified quality' requirements, Various witnesses who had personally inspected the cargo in question appeared in the court in the endeavour to prove that the soos were number one or prime quality. " Vice-verad, the defend introduced other w experienced in the handling of this product, in an endeavour to prove that the goods did not come up to prime quality, The defendant, also introduced cases of the crystals in question for examination in court, The Colour Bar Points were raised during the pro-seeding regarding the colour, odour and transparency of the albumen crystals, upon which points the defendants based their refusal to pay. A' number of the witnesses appearing for plaintiff declared the alleged golden colour of the albumen in question to be the natural outcome of summer packing, while witnesses for the defence explained at, length that in their experience they. had found that no difference should exist on the score of whether exes were packed in summer or in wine ter.
Mr. Chi appearing as the first witness for the plaintiff, stated that a slight difference in colour ws to accounted for through the si Arying process used by Liu Brothe Bee Drying Company, of which the Standard Egg Products Company was a subsidiary, and to seasonal influence, those eggs packed in summer showing this darker shade.
Other witnesses for the plaintiff who made similar statements were Captain Christopher Reeves, of Messrs, Eisler, Reeves,. Murphy and Tipple, La, marine and cargo surveyors, who gave evidence to the effect that the cargo in question, inspected by him in August was in appearance of prime quality and had responded to beating tests in a satis-Factory way. Mr. C.J. Breen of Moss & Con stated that he considered the goods prime for the Following this testimony that of
wtf, Messrs. Charles D, Komaroft, ce more witnerset, for the plain-Coretin Coulion and W. Klett, res sectively brought similar evidence: afore the court. In each testimony the point was presented that prime: "quality in the product depends almost entirely upon the beating ality of the albumen crystals and only slightly upon the colour in ease che darker crystals whip up readily und to the proper consistency, And Smelt So, Pal After cross-examination, of the testimony witnesses for the were heard. Mr, E.R. Hunting ton, of Angus & Ca,, stated shat in. his opinion the albumen trystale. were easily detected as not prime thravgh their odour at the and following. Kent Lately, of Henningsen Produce Ca, Lé further reasons why he consider the cargo prime _qual This was interposed, at His Honour's request, by 2 description from Mr. -Lutey of how the eggs are dried form the crystals in controversy. fu his opinion, the only reason why che darker colour should exist was Shrovgh lack of care in manufacturing-or through the yolk of the ere white, the latter being more liable to happen in the summer which is regarded as a season of "weak"
Following this evidence, that of the manager of the defendant firm, Mr. Alfred Vogel was heard and the case adjourned for further hearing.
The hearing was continued on Wednesday. Three Chinese " witnesses were called to give testi-many for. the defence and two of the previous day's witnesses for the plaintiff recalled to give their opi jon on the samples of crystal which were exhibited court.
Different opinions regarding what considered a "prime" dried egg existed. Witness for the plaintiff declared that the albumen under }cxamination which was used-by the defendant as an example of primo} quality had been mixed with duck, albumen, which added a compli ting note to the trial.
The case was dismissed on Thursday owing to the fact of a settlement outside of court having been greed upon by the companies con-
Text read from the printed page and cleaned; old type leaves the occasional error.