Unfuttitted Order for tron From Belgium is Subject Of Court Case An interesting test case in which both parties to the dispute are involved in a iron deal-in which one party has been unable to deliver goods by reason of the European war has been referred to the First Special District Court. One hearing has been held but judgment was reserved pending further investigations. The plaintiff, Hsu Hong-deli, manager of the Wang Fu Macnime-made Nail Factory, at 297 Ichang Road, is suing Tung Kwei-hsien, Cninese manager of the Maison F. Mathieu, S.A., a Belgium firm, at 256 Peking Road, and a commercial representative and alleged middle man named Yung Ching-tang.
Hsu is suing them for an alleged breach of agreement which, it iN stated in Hsu's petition to the court, was signed in May of last year. Hsu wanted to buy 300 tons of iron ior making nails and the defendants promised to deliver the same to the buyer in July and August of the same year. Only 100 tons of the goods mentioned in the contract were delivered in September of that year and despite the fact that Hsu had repeatedly written to the defendants urging for an early delivery of goods the latter could not do so, giving the European hostilities as their reasons, The plaintiff complained to the court, however, that the European war could not have affected the transaction since it broke out on September 4 before which time the defendants had ample time to ship the cargo to Shanghai. It is also pointe@ out in the petition that since Belgium has maintained neutrality that country also was not affected by the war. The defendants could not shift their responsibility for delivering the goods, the court was told.
In addition to this complaint, the plaintiff also petitioned the court to order the defendants to pay a compensatory sum amounting to U.S. $5,050, According to the petition, the price mentioned in the contract is U.S. $42.75 per ton while the market price now is U.S.$68. When Judye Mo heard the case on Thursday, the defendants tried to shift their responsibility for the deal, put the other party contended that as Chinese reives of the firm they must be responsible. The plaintiff may bring an action against any foreign parties involved in the business if any, when it is necessary,
Text read from the printed page and cleaned; old type leaves the occasional error.