Judgment was given in favour of the plaintiff, by His Honour, Judge Purdy, in the U.S, Court last Friday, im the ease R. Arde Souza China Finance Corp, Pedy nti, a Portuguese elt brought dation againat the defend ants for return of his Buick four door sedan. motor "ear, and for damages amounting to" Tier 1,600 fad costs, Judgment was. given the' plaintity for, Tls. 98 ithout cost to either party.
Finding of facta In the case wer that sri "or. about September "20, 3080 aint entered nto a cone Honigsterg See anes totes race in writing swith
purchase of the motor ear described in the action, The contract called, after. an initial payment, fos
Tis, 107, beginning on October 3) monthly payments at the rate 0, the last promissory "note.
due on September 3, 1927. The tive'of the ear was not to pass to the purchaser nil after payment al promtsgory notes or any auber Suistanding accounts at. Honigsberg & Ca, Plaintft had duly paid' the monthiy"instalivents 4 they fell due.
On or about, August. 25, 1027) however, defendant in: th had purebaeed. from the Inst promissory note assignment of the contracts lent had notified plaintiff in of the purchase and. reled him"that the note would due on September 8. On September 7 plaintiff had failed to pay ths last promissory note and thereupon defendant had seized the Buick while it was standing in one of the public streets of Shanghai, On September 12, plainti had tendered payment to defendant wha refused to accept the payment une Jess plaintiff would pay'an addition. al Tle. 419.85 which defendant claimed was owing from plaintiff on mold account. Defendant claime. also, that the ear would not turned unless plaintiff made pave ment of a further sum of Tls. 100 expenses incurred in connection' with the seizure of the car, and of Tls. 10 on account of one month's storage of the car, charged, Bagga Singh on being question said that he was certain the thi were his and that he had previously known Ashar Singh by sight, though he was not his friend.
Thro other witnesses called did not fie much more evidence and Judge King said that it finally came down to the question as to whose were the clothes, which were produced in court, shar Singh, when questioned after the witnesses had been heard, admitted, despite the fact, that he had said in the charge room he had Drought them from India, that the Hothes belonged to Bagga Singh bat that, he had been keeping them for him. He had been. wearing them and had made no attempt to communicate with Bagga Singh, A Breach of Contract, In summing up, Judge Purdy stated that the action on the part of the defendant amounted 10 a breach of contract for the purchase of the automobile, and created a cause of ction in favour of the plaintif® for a breach of contraeb from and for damages resulting there
"Plaintiff has offered evidences tending to prove that the reasonable worth and alve of thie automobile September 12, 192%; which wag the dtp upon, which the "defendant this contract, wae the sum of Tae 3,600, butt Gnd asa. fact that on Suid date the automobile was of the Feasonable worth and value of Tlee 300,"and as a conclusion of awe 1 hela that the to a judgment
Text read from the printed page and cleaned; old type leaves the occasional error.