Suit for Alleged Breach of Contract Dismissed on Motion for Non-Suit On Wednesday in the United States Court for China before his Honour dodge Milton D, Purdy the case waz heard in which Mr, H.C, Norma: aimed on account of contract in connexion with his employment as advertising manager of the "China and the defendant company was represented by Mr. Stivling, A The Petition Jn_his petition plaintiff states! that he is a British subject residing at Tunbridge Wells, near London, and that defendant is an Amexiean company. On October 16, 192 plaintiff and defendant executed agreement wherein plaintiff agreed to terminate a former agreement chated April 8, 1924, and its supplement, dated April 10, 1924, to resign from the staff of the "China Press Ju consideration of which defendant] agreed to pay plaintiff Mex. $1,000, commencing on November 16, 1924, every month up to, and including, one 30, 1929, and to furnish plainti and his wife' with first class transportation to London, the money to be paid to the International Bank Corporation in Shanghai regularly fen the 20th of each month. Plaintiff fand his wife sale from Shanghai en. November 6, 124. Plaintiff prior to sailing,' entered into an agreement with' the international Bank to transmit and place the $1,000 to the plaintiffs credit. in dhe London branch of the National City Bank of New York.
The petition further alleges that fon May 26, 1925, defendant company, through its managing director, Mr. Arthur Sopher, submitted an offer to plaintiff of Mex. $10,000 eas) Ju full Settlement of the outstand ing balance of Mex. $49,000, On! June 20, 1925 defendant failed to pay to the International Bank the Unstalment of Mex. 81,000 and, for July, August, September and October, 1925, continued in default. notwithstanding plaintiffs demands by The petition charged breach of] contract with the deliberate intention of taking advantage of the distance separating defendant and plaintiff and with the express purpose of depriving plaintiff of money lawfully ne him. That from the breach of contract, plaintiff had suffered con-Riderable expense and mental worry} and was compelled to release hin elf from his business undertakings and return to China, Plaintiff Glaims damages, in addition to the Breach of contract, in the sum of Ins, 20,000, Statement of Defence its answer the defendant company admitted the agreement to -pay the amount to the International Bank on the 20th of each month had no knowledge or informa: tion sufficient to form a belief as te the other allegations and, there fore, put ph on his proof of these, Defendant admitted failure to pay the bank on the date when the money was due in June, July, August, Sentember and October.
Defendant further alleged that at the time the petition was served, the "China Press" was not in default of payment of any of the instalments, but had pald in full, and that all instalments had been ceived by an authorized representative, Defendant further alleged that prior to the filing of the action, plaintiff? never served on defendant, either personally or through coun: #8), notice that he regarded contract as terminated. Furthe that at no time by filing did defendant notify or inform plnintif® that it did not intend to carry out the contract, o that it considered the contract terminated, Therefore, no cause of action existed on the part of the plaintiff against defendant and that the contract of October 40, 1924 was in full force and effect between the parties, Defendant asks for dismissal' of the action and costs.
After outlining his case, Mr. Allan asked to be allowed to read the deposition of Mr. Norman, taken before Mr. Norman left. Shanghai for England. This evidence roborated the points brought out in plaintiff. petit Mr. Allan's Testimony "Mr. Allan then gave evidence. He aid that plaintiff left for Home in nets to keep him advised regarding! the contract. Witness then said that on May 28, 1925"he received a telephone message from Mr. Sopher of the "China Press," saying that he had an important matter to talk over. Witness went to Mr. Sopher's office.
Relating the conversation that took place, witness said: "Mr. Sopher said that the decision was to be handed down in the case of Webb r. the "China Press" on May 29 and that they expected application to be made for immediate execution. 'We have no money to pay,' Mr. Sopher told me. I asked him what that had to do with my client and he said, You'll see what, it will have to d "He (Ir. Sopher) said that! Yiquidation and re-organization of the 'China Press' was very probable and that he would like an offer from Mr. Norman to settle in cash, and that he wished me to wire Mr. Norman immediately. I cabled Norman and received an answer that he would accept £4,500 if they would pay the counsel fees.
Offer of $10,000
"1 went personally to Mr. Sopher and delivered the message. Hi brother was at a desk near by. Mr, Sopher ridiculed the offer and said, 'L will give $10,000, and if vou! don't accept I will g0 into liquidation and reorganize and Norman wil Both visits to his office were anything but pleasant for me. Tagain cabled Mr, Norman that his offer would not be accepted. This was driving' the latter part of May.
On August 11, T took the matter up with the Chairman of the Board of Directors of the Ci and insisted on the inst ing paid, On August 13, 1 got al letter from Mr. Fessenden, in which he said that he did not concern himself in the minor affairs of the China Press." He asked me not to take up Norman's affairs him, but to go to Mr. Sopher. Acting on Mr. Fessenden's reply I continued negotiations with Mr. Sophe T couldn't get any satisfaction and he anid that he was going right on In view of the repeated st ments of re-organization, on Septem. ¢br 23 I wrote a letter to Mr. Sopher, in which I said that any attempt to ye-organize the paper so deprive my client of his. nioney would be protested strongly by me asked. immediate payirent and was informed that the August instalment would be paid on October 6." "In this letter witness said that Mr, Sopher expressed surprise a3 to how he came to the conclusion thatthe re-organization of the a Presw" was in order to deprive lis dent of he Sey.
Text read from the printed page and cleaned; old type leaves the occasional error.