ADELINE A. colyment eonv0x A. conyes Counme: Me. KO, Newman for plat tt Before. Assistant Judge P. Grant Jones (uedgment for plaintitty Shanghai, Dec. 7.
'The plaintiff's claim, as indorsed on the' writing this action, is for $2,500 damager for breach of a contract dated January 1 last, and for intinction to restrain the deeudant his agents and servants from continuing to commit breaches of the conditions of the fourth clause of the contract, "A. writ similar In terms to the present, except that the claim was then based on -breach of on agree~ hient_of June 1, 1938, was issued or. October 22 of that year and summons for an interlocutory in~ Junction. on the 28th. Summons and Folurn-day were adjourned sine dic on the November 2 and 3 respect lwoly, both at the instance of the plainti, The action was restored to the "hearing-list_ on June 12, 1999, and "the summons likewise June 28, and on that date the Tendant's 'aMdavit set "up mancell tion of tie agreement of June 1, 1938, " by a dead of dissolution January" 1, 1999, The summons was accordingly dismissed, and the faction itself was discontinued on October 25 last. It Is therefore on the deed of January 1, 1980 that the present action is brought, 'This docd recites that it was made on that date between' the defendant of Hamilton Studio, 221 © Nanking Rood, Shanghai (thereinafter called "the retiring partner") of the one part and the plainti of World News Photos, 636 Szechuen Road, Shanghai thoreluatter called "the continuing partner") of the other part; that Under a partnership agreement of January 15,1995, the parties had carried on together the business photographing social and news events ind miniature photographers under the style or firm of "World News. Photos until June 1, 1988, when it"'was agreed that the partnership. should be determined "on the terms Unter alia) that the rebring partner should "receive the amounts due him "In respect of his share in" the earnings of the business and in. the capital, stock, effects, and goodwill thereof, and should withdraw from the partnorubip Teaving the same to be carried on by the continuing partner Upon the terms thereinafter appearing: that valuations and estimates of all the property, assets, credits and effects of the business and the goodwill thereof had been made to the mutual satisfaction of the parties, and the retiring partner hod already received from the continuing partner cash the stim of $2,972.96 being the sum fixed and agreed as the share of the retiring puriner in the property, sels, credits, effects, and goodwill of the partnership, The operative clauses declared the partnership. dissolved as. from. June 1.1038, "and. provided that notice of the dissolution and of the continue tance of the business by the plaintiff should be advertised in the press and zlven to the customers of the partnership by circular of which the form had. alrendy been approved: that the property and equipment set out the nehedule thereto should thereafter belong to und be the sole property of the continuing. partner; that each actuer thereby" released the other from all we lions, accounts, claims and demands ation to. the partnership from all alnuses, covenants. and iusreements in the deed of partnership, but without prejudice to any rights claims oF remedies of the releasing party under any of the provisions and iputations thereinafter contained. By the fourth. clause the defendant covenanted that he should "not. for eighteen months from the date of the deed "directly or indirectly us prinel= val den agent employer or employee or olhierwise carry on, or be concerned aged or interested business of photographing of publi social and public news events and/or miniature photography, for profit oF reward of & similar nature and work carried on by the World News Photos at Shanghai, nor ceept jients or customers In such business person company Or frm residing or earryingg on business at Shanghat or who shall" during. eighteen months iunmediately preceding the date hereat or customer of the said partnership and shall not at any we hereatter wilfully interfere with intervene in nor divert of endeavour to divert any: of the business carried on by the continuing partner in. eon= innation ut the business aforesaid oF otherwise. Nothing i this deed shall be. domed to prevent the rearing Partner from carrying on' what 15 Henerally Mown within the trade as ordinary studio photographie wre have been interpretations by the Courts of sone of the terms ome
Text read from the printed page and cleaned; old type leaves the occasional error.