Jadgement in Supreme Court:
Damages for Delay: An Account Ordered Judgement was given by his Honour Judge Grain at H. M. Supreme Court on Wednesday in the action brought by Wong Kor-sung against the Shanghai General Hospital to recover damages connexion with the building of the new wing of the hospital, the contractor claiming compensation for delay due to non-delivery of mater-rial which the Hospital undertook to provide. His Lordship found tha plaintiff was entitled to some compensation, and ordered that an account be taken to ascertain the amount due to him, Mr. M. Reader Harris appeared for plaintiff, and Mr. R. Macleod for defendants.
In giving judgement his Lord-! ship said The plaintiff in this case, Wong Kor sung, entered into a builder's contract for the erection of buildings for the Shanghai Generat Hospital and now claims Tls. 41,- 886.25 from the Hospital for damages he has suffered, by delay caused to the completion of '*he buildings, by reason of the failure of the Hospital to supply, within the necessary period of time, material which they had agreed to} supply to the contractor, Tue Counter-ALLEGATIONS, The plaintiff also claims that the architects of the Hospital. Messrs. Moorhead & Halse, are wrongfully, in their certified account, charging him for steel bars at the rate of Tls. 225 a ton, whereas that price is largely in excess of the market price and the price actually paid for the steel bars used in the building. And the plaintiff further claims for. certain extra work incurred on account of alterations from original specifications and plans, and alleges that these extra works have cost the sum of Tls. 25,990.75 or thereabouts. And the plaintiff also asks that an account shall be taken of all moneys now due to him in respect of the building carried out by him.
The defendants admit that the building was to be completed on or before December 31, 1918, but deny that they are in any way liable for any damages on account of delay in completion, because they had under Clause 4 and 5 instructed the plaintiff contractor to cut out of the contract such work as was dependant on the materials to be supplied by the Hospital. They further plead that the plaintiff contractor had agreed 70 waive and did waive any claims which he might have against the Hospital arising out of delayed supply of materials, in consideration of allowing the contractor to use these materials when they did arrive and not cutting such work
Text read from the printed page and cleaned; old type leaves the occasional error.