The Judge said he was inclined to think that all the evidence of what happened between Mr, Mishler and the plaintiff as to the modification of the contract was improper and that the Court could not receive: it, as he had already pointed out. Of he was wrong in that, however, There was still the well-recognized Principle of law that such evidenea should be very carefully scrutinized. Alter so examining "Mr. Kelly evidence, he could not believe there was any arrangement as to stock, for, throughout the dispute, until it came into Court, there had not! been any mention of stock, nor was there any record that he was to get an increased salary. If there had: been any modification, it would have been perfectly "easy" to get. some memorandum of it in writing, but nothing of the sort had been' produced. On the other hand, there was much evidence against the! assumption of any modification of the contract. He must reject the plaintiffs claim under thi nee that everything happen-about the time" plaintiffs contract ended according to the letter claimed to have been written by Mr, 'Mishler, but which the plaintiff aald he' did not receive, He (the Judge) must hold that the contract was terminated by that letter and their holdings on the premises. The
P, W. Kelly informed the directors of the Yellow Taxicab Ca. that it would be necessary for them to take up the option within 15 minutes failing which the Yellow Taxicab Go, would be ejected from the premises. Ejection, it is alleged, was thereafter made, and the doors of plaintiffs premises locked, including the records and files of the company, 'A temporary writ of injunction was filed on the afternoon of June 22.
Mr. P, Faison, "for Mr. Kelly, said they were called on to answer a petition for a temporary injunction to be made permanent. He knew generally what was in the petition, but it was impossible for him properly to meet it without careful study, so he asked for an \djournment in order to file pleadings, Mr. C. 8, Franklin, for the company, said he had no objection if the restraining order remained in force.
Mr, Faison said he agreed to that.
The hearing was adjourned until next Monday.
Text read from the printed page and cleaned; old type leaves the occasional error.