The Archive · 1923

AN ADVERTISING AGENT'S COMMISSION

The Question of Renewed Contracts: Judgment for "Finance and Commerce" in Action Against Calder Judgment in the action brought by "China and Far East Finance Commerce," against J. R. Calder. which was a claim by plaintiffs for Tls. 5,000 damages for trespass and conversion; was given by His Honour Judge Sir Skinner Turner, Supreme Court on Tuesday. His Lordship found that defendant had wrongfully deprived plaintiffs of certain documents. but that only the actual value of the documents was recoverable, and on this part of the claim he awarded $5 damages. He further found that defendant had wrong terfered with plaintiffs'

whereby they suffered damage, and awarded 31.000.

His Lordship said:—The original writ in. this action asked for an injunction to restrain the defendant from sending out a cir-war purporting to come from the plaintiffs: an injunction to that effect was granted ex parte and was subsequently continued by consent till the trial. On the return~day leave was given to serve an amended writ asking for damages for "wrongful depriving the plaintifis of cer+ tain documents." The statement of claim elaborated this claim in paragraph 11, and then proceeded to add a fresh tort, the wrongful interference with the plaintiffs' business whereby they have suffered damage. The de fendant pleaded that the documents in question were in hig possession by the leave and licence of the plaintiffs for delivery to certain other parties: that in pursuance of some duty that he owed to them the defendant has handed them to those other parties, and that no actionable wrong has been dis closed

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

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