The defendant and actor in the counter claim alleged that they did so on an equal footing in respect of both profits and expenses, the plaintif that: he was liable for half the legal expenses only. Where the parties had voluntarily put their coni {tract into writing, as they had done here, it was competent to them at any time before breach of it, by a new contract, not in writing, either to rescind the written contract altogether or to add to or vary its terms and thus to make a new contract.
Referring to a letter in which Davis states that he was only responsible for "half of any legal expenses incurred by us promoters," His Lordship stated that this did not appear to him to preclude the possibility Of an equal responsibility for other than legal expenses with which alone Messrs. Hansons were conand carted. The Tetter, he thought, would fairly bear an interpretation such as "only financially responsible for half of the expenses including legal."
(The full text of the judgment will appear in the "North-China Herald".)
Text read from the printed page and cleaned; old type leaves the occasional error.