The Archive · 1924

Court on Matter of Sales

In the American Court for China fon Wednesday morning the Murray Packing Ca., represented by Mes Fleming and Allman, brought action against E. H. Himrod & Ca. (QMr. F. J. Schuhl defending) for Tls. 12,392.51, said sum being involved in egg sales, in which defendant is alleged to have sold exg not credited to plaintiff th the return thereof.

Addressing the Court Mr. Flem-declared that, although there} had been no written agreement. between the two parties, defendant, acting for his company, E. H. Him-rod & Ca, took orders for egg products and in turn sold them to local exporters, for which services was to receive from the packing company 424 per cent.—he had asked for 50 per cent., but as the reorganization of the plaintiff company required x commission of 15 per cent. to the directing engineer, he must be content with that amount—the company also taking 0 like amount, 424 per cent. In two instances the plant had "prepared considerable consignments for Messrs. Fearon, Daniel & Ca., Messrs, William Martin & Ca.

Further allegations Mr. Himrod, stated counsel for ptaintim, had bought the ra He and handed them to pi wh a portion of 250 ca fla no iden that contraband was ing sold by him to cor former paying the ports charges and sundry expenses. He had Himrod claimed Land introduce any, if he had a guarantee which he as counsel denied, Deny ing this as he did, the matter solved itself into a mere accounting, ssaction, but if the Court admitted the guarantee claim per month, he admitted to losing the ease, otherwise he believed that auditor could settle the entire altai and he suggested that the books should be placed in his hands, there by settling the whole matter. Mr. Schuhl objected to this proceeding.

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

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