The Archive · 1939

Before Judge P. Grant Jones

(Adjourned)

Shanghai, Oct. 6.

'A breach of three contracts was alleged in H. M. Supreme Court yesterday when an action was brought by. the Cathay Metal Press Works inst E, Smith & Ca. before Judge P. Grant Jones. The claim was for $1716 and costs and the plainti claimed that wooden boxes supplied by the defendant firm had been satrated with hydrochloric acid with] the result that crown corks which had been delivered to the Union Brewery Ca. and the Aquarius Ca. in the boxes had been damaged by the acid.

"Mr. M. Reader Harris appeared for! plaintiffs and Mr. Trevor Smith, a partner in E. Smith & Ca., appeared for defendants. He stated that there had been 19 breach of contract.

Outlining the case, Mr. M. Reader Harris told the Court that these boxes! were used to hold crown corks, which were the Kind of corks that were opened with a lever. The boxes were saturated with hydrochloric acid, he said, and the whole contents had been irreparably damaged. Later the boxes had been surveyed by Messrs, Carmichael, Lenox & Gray.

Mr. Alex' Harvey, managing direc-for of the plaintiff company, stated that certain wooden boxes had been ordered from defendants. Samples] had been brought to his office. by} Mr. Trevor Smith to whom It had been explained that the boxes would) bbe used for packing crown corks, or beer bottle corks." The boxes had been delivered to the factory at 29 Funing Road.

The first order for 100 boxes, he, continued, had een placed on December 23, 1938 and 50 of these had. been delivered on January 7 this year and 50 on Jamiary 23. The second order was placed on January

be strengthened on the outside by Batons. These were delivered on January 26. The third order was for 100, placed on February 15 and delivered on March 1.

"The corks, he added, were delivered to the Union Brewery and the 'Aquarius Ca. in' the boxes and were placed in storerooms, At the begin-hing of April he was called to inspect the boxes as the capsules of the] crown corks had corroded. The boxes had been surveyed and the words "Hydrochloric Acid" in three and a quarter inch lettering had been} Glscovered on some of them.

Mr. Smith said that his firm did not agree to deliver new boxes but had promised to supply boxes made of old, used wood. The hearing was adjourned until a Later date.

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

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