The Archive · 1939

Tu Civil Suit

Judgment in Action of

Pean v, American Trading Corporation Reserved Mr. H. D. Rodger, counsel for Mr. Pean Young-foo, who is suing the China Foreign Trading Corporation for payments alleged to be due for the partial construction of a waterworks plant in Tsinan, and Dr. A. Albini, counsel for this defence, presented summing up arguments before Judge M. J. Helmick in the American Court for China yesterday.

Dr. Albini stressed the fact that the plaintiff was entitled to consideration guaranteed in the contract existing between himself and the defendant, and that this contract was not to be considered void unless the building contractor violated clauses therein, which was not the case. Dr. Albini stated that the contractor was bound to continue work upon the project as long as he was supplied with the necessary materials by the defendant or agents of the defendant, and that, as long as the American company had been unable to supply him with cement and pipes, he could not fairly be expected to continue extensive construction.

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

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