During the year and a half sul sequent to the execution of sai construction contract between the plaintiff and the Enginee withdrawn from the first of. the deposits, and about $85,000 from the second deposit, and paid to the Engineering Corporation or its officers upon cheques duly signed by the plaintiff and countersigned. by the Engineering Cororatin. In the summer of 1924, differences ha arisen between the plaintiff and the Engineering Corporation as to the performance and carrying out of construction contract, the Enging Corporation on' July 22, 1024, sent a letter signed by its Preident to the plaintiff, stating that in the opinion of the writer it to continue negotiations with the present committee and management of the plaintiff, and charged the plaintiff with having continually and repeatedly violated the agreement of January 22, 1923, The letter concluded by threatening to hold the plaintiff responsible for damages for the full amount of the fee which the Corporation would have earned had the, plaintiff? complied with the terms of the agreement. Within a few days! of writing this letter the Engineer: ing Corporation abandoned its offices in Harbin and removed them to California, and thereafter all: work and operations under and pursuant to the construction acere stopped and have at no time since been resumed, and both the plaintiff and the Engineering Corporation have since August, 1924, considered the construction contract as terminated and at an end.
In the meantime the balance of these deposits, amounting in the aggregate to approximately. $450,- 000, has remained on deposit with the' defendant and the plaintiff? has been unable to withdraw the same for the reason that the defendant has refused to make payment unless or until the Engineering Cor poration consents to the withdrawal.
Text read from the printed page and cleaned; old type leaves the occasional error.