Mr. H. L.-Cavendish said that on defendant's request, he accompanied him to Arakie's office at 9 a.m., on Monday, November 8, Plaintiff spoke of the price of shares several days earlier, but defendant told him in the presence of witness, that he was not interested, that he came to repudiate the sales contract, Mr. Arakie asked what was a fair pri Mr. Komaroff replying again that hho was not interested.
Witness emphatically asserted that Mr. Arakie had said that he was a member of the "Exchange," and further that if Mr, Komaroit did not think that he had had a ie, "I think that I have been "Defendant then threw what witness thought was the contract, on the table and walked out of the office.
Replying to both his Lordship and Mr, Wing, witness reasserted he ing Mr. Arakie state that Mr. Komaroff reed not take up the contract.
Defendant then entered the box. and replied to Mr. Brown that he not in the habit of "fluttering" in the market. This had been his first attempt. As Mr. Arakie could not pay for the articles for the paper, witness went on to say, he had offered to give witness tips on the market, and that he could get a seat on the "Exhange."
It was Into in the afternoon of November 5, that Mr. Arakie tele-Phoned him about the shares, and recommended that he should buy at Tls. 2. 25, Witness asked, he added, ig that was th best price obtainable, to which the other replied in tthe affirmative. He had faith in Dlaintif's profession of friendship.
He received the contract note at friends in the American Club told him what the market rate was. Witness did not see why he should be "stung" for the difference.
__In plaintiffs office on the following Monday, he told Arakie, he went on to say, that he hag repudiated the contract, because the situation had been misrepresented to him. At the other's request he wrote. the letter of confirmation of repudiation, which Mr. Wing inferred was not a letter of repudiation. "He had told Mr. Arakie that he could take any steps that he might like.
The hearing was adjourned,
Text read from the printed page and cleaned; old type leaves the occasional error.