The Archive · 1929

DECI IN CASE FROM 'TIENTSIN

Written judgment was delivered by his Honour Judge M."D. Purdy in the U.S.-Court on July 2 in the case of S, B. Talati v. T. L. Miller, which was heard while the court was in session in Tientsin, "The action was "for alleged "damages occasioned by the defendant leasing certain premises belonging to the plaintiff, to the United States Government, without the: plaintiff's consent and against his written protest. Plaintiff claimed damages to the extent of $20,000.

In his judgment his Honour found that though the action was not instituted for ejectment and recovery of arrears in rent but simply for Jdamages, the plaintiff was entitled to recover from the defendant the rent the latter had collected on his behalf from the United States Government. This was admitted as $486.42, and his Honour gave judgment for the plaintiff for that amount -accordirigly, On the question of damages, "his Honour held that the: plaintiff would di not be: entitled to-recover what he claimed and attempted to prove. 'Those damages were obviously based almost entirely upon the incteaséd cost of labour and building materials at the time the plaintiff took over' his property over the cost at the time he alleged that he wished to take it over, but when the defendant had. leased it to the U.S. Marines for one year.

"I am satisfied," said his Honour, "that any loss he may have sustain ed by reason of the increase in the cost of labour'arid materials....was due to -his own inaction in failing to proceed with the construction his building after he had obtained possession of his premises."

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

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