Resumption of Hearing in Sup-rome Court Action against Mr. W. J. Haynes The action against Mr. W. J. Haynes in connexion with the sale of Watson's Mineral Water Ca. was resumed at H. M. Supreme Court on Tuesday before his Honour Judge Grain.
Plaintiff in this case is Kwauk Vee-kea, who put in a lengthy statement in support of his claim for damages amounting to $43,353 and Tis, 338. According to this statement, by an agreement in writing dated October 27, 1916, Mr. W. J. Haynes purchased from A. 8. Watson & Ca., Ld., the company's aerated water factory at 134 North Szechuen Road Extension, and the Tiendong Road depot. A clause in this agreement provided that Mr. Haynes would be entitled to use the name of Watson's Aerated Water Factory" in the English language, but that he would not be entitled to usc the name of A. 8. Watson Ca. Ld. nor the six Chinese characters meaning "'Watson's Great Medicine House," nor the Lion, Unicorn and Pagoda trade mark, except in so far as they appeared on then existing stocks of bottles and labels.
By an agreement dated May 29, 1919, Mr. Haynes sold the business to plaintiff as a going concern for $95,000, $4,000 being payable on execution of the agreement, $62,500 June 16 of that year, and the balance by three yearly instalments of $9,500, to be secured by a bill of salle on the plant and machinery. This agreement was duly carried out.
Plaintiff now alleges that deferdant made untrue representations concerning the business and broken certain warranties given, in that the account of stock-in-trade and materials. was incorrect. The stock list furnished included certain furniture and fittings which proved to be the property of A. S. Watson Ca., Ld., and which plaintiff had been obliged to deliver up to that company.
Plaintiff further claims that certain stock was over-valued, that the capacity of the plant was overestimated, and that defendant sold quantity of bottles and labels bearing the trade mark of "A. 8. Watson & Ca." which he had no right to dispose of.
Mr. A. E. Seddon appeared for plaintiff and Mr. R. G. MacDonald for defendant.
At the last adjournment, plaintiff's manager, Mr. C. Piens, was in the witness box, and Mr, Mac-Donald now proceeded with his cross-examination of the witness.
Uninrortant Cratws Apanponep.
Mr. Seddon intimated that since
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