CODE OF CIVIL PROCEDURE. No. 3 of 1901.
1301
FORM NO. 17.
Action No. of 19
[s. 163.] R.S.C., 1883. App. E, Sec. II.
IN THE SUPREME COURT OF HONGKONG, ORIGINAL JURISDICTION.
Between A.B., Plaintiff, and C.D., Defendant.
Counterclaim.
The defendant says that-
1. The contract mentioned in the statement of claim herein contained a clause whereby it was provided that the plaintiff should complete the works by the 31st March, 1909, or in default pay to the defendant $10 a day for every subsequent day during which the works should remain unfinished, and they so remained unfinished for 61 days to the 31st May, 1909.
The defendant counterclaims $610.
(Signed.)
FORM NO. 18.
Reply.
[s. 168.] R.S.C., 1883. App. E, Sec. II.
Action No. of 19
IN THE SUPREME COURT OF HONGKONG, ORIGINAL Jurisdiction.
Between A.B., Plaintiff, and C.D., Defendant.
The plaintiff says that-
Reply.
1. As to the first paragraph of the statement of defence, he joins issue.
2. As to the second paragraph thereof, he accepts the $200 in satisfaction.
The plaintiff as to the counterclaim says that—
3. The defendant waived the liquidated damages by ordering extras and material alterations in the works.
4. The defendant waived the liquidated damages by preventing the plaintiff from having access to the premises till a week after the agreed time.
(Signed.)
NOTE.-The latter part of this form applies only where the counterclaim has been filed before the reply.