March 9, 1901]
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to £80 or $75.
own
a
said he
years
CHINA OVERLAND TRADE REPORT. notices remained up for some considerable time. and was godown man at David & Company's, it by so much as $100. Shan Shan Ultimately, nobody having come forward to He would know the man if he saw him. He would write to his master to see if i offer a better rent than the one the plain- | know a man called Shou Shan, but that was tiff had offered, the agent told the plaintiff not the man who told him about the godown he did not think he would. Later on, after i
was willing to accept a smaller increase, though that he could have a lease of two-thirds of go- being to let. Lo remember.d his master lapse of four or five days, Shau Shan called down No. 10 at a rent of $50 a month free of going to see this godown, together with again, and said the old rent was $227 odd. taxes. At the same time the agent notified the Bhau Shan and himself. plaintiff that he could not let him have looked at the godown and then asked it a round sum of 8300 a month. He added His master They would take away the fraction, and make the godown on a three years' lease, but only Shau Shan how much the rent was. Shau Shan | that out of the $300 the landlord would have to from the 1st May, 1900, to February 28th, said the rent would be $100 a month. His pay the rates, and therefore the increase was 1902, inasmuch as Messrs. David's lease for master replied that that was far too dear, and but a slight one. Mr. Price agreed to pay the other third would expire on the lat- that the most he could pay was $60 a month. $300 a month for the shop," but tor date, and the defendant was naturally He added that the godown was not very big for a five years' lease, Shau Shan said five desirous that the lease for the two-thirds and that his godown in Duddell Street was should expire at the same time, so that three times as large and yet it was only $75. por to his master about it. A few days after years was too long, but that he would write after this the godown might be let as month. Shan Shan said if he could not pay so this interview Shan Shan called again. He a whole. The parties having come to an agreemuch rent he must see his master before took him in to see his master, Mr. Price. Shau ment as to the granting of a now lease for No. he gave him an answer. Shau Shan said his Shan' asked Mr. Price to take over the godown 12 and as to the rent to be paid for two-thirds master lived at Macao. A lot more was said at at No. 10 at $50 a month. To this his master of No. 10, the plaintiff revived a suggestion this interview. The plaintiff told Shan Shan agreed, and asked him as to the lease for the which he had previously thrown out to the de- to write his master asking him if he would take shop. Shau Shan said he could not let him fendant's agent, namely, that if he took a fresh 860 a month for the godown and grant him a have a lease for five years, he could only let lase in respect of No. 12 for a period of three five years' lease for it and the shop, saying that him have a three years' lease for the shop. years the defendant should do the premises up. if this was not done the godown would not be Then his master said, “ All right; let it be The agent referred this matter to the defendant, of any use to him, but that if this was agreed three years." This took place about the begin- and afterward called in a contractor to make an estimate of the cost of doing up the premises A few days after this Shan Shan came to the and godown were settled, Shan Shan told his to the godown would be very useful to him. ning of last year. When the rents of the shop at No. 12. The contractor roughly estimated shop and told them something. He said he master he could not let him have a three the cost of what Mr Price wished to be done wanted to reserve a small part of the godown years' lease for the godown. He said his master at from $110 to $120. The agent said that this for storing opium. Then they three went was too much, and by way of compromise the again to look at the godown, and Shan Shan rented part of the godown, and their fease would was employed by David & Company, who plaintiff offered to do the work himself if the pointed out that portion which be wanted to not be up for some time. When David & agent on behalf of the defendant would allow him $60, and this the agent assented to. The | one-third.
r serve for storing opium; he wanted about Company's lease expired, Mr. Price could rent plaintiff's godown-keeper, a man named Chun Shan wanted to reserve nearly half of the that Mr. Price could have a lease of three
Mr. Price replied that if Shau the whole of the godown. Shau Shan added Chi, then went with the agent to David and godown it would still be of less use to him. Shau for the shop and a lease of one year and 10 Company's office for the purpose of drawingShan said that if that was the case he was willing months for the godown. Mr. Price then spoke up the terms of the agreement arrived at. A to reduce the rent. He could not remember about lime-washing the walls of the office, paint- document was drawn up in Chinese in accord exactly what he reduced it to, but it was eithering the ceiling, and repairing the walls of the ance with these terms and handed to Mr. Price. The latter, it having been translated to him, could give was $50. Shan Shan said no, he could
Mr. Price said the most he godown behind the shop. Shau Shan said that if wrote a letter accepting the same. The defen.
an expense of no more than about $30 was not do that. Mr. Price remarked that if he incurred he would be willing to pay dant, in December, 1898, notified the plantiff could not to pay his rent to his son, who was compradore Shau
that he did not want the godown Mr. Price's suggestion a painter was called in it. On
for Messrs. David and Son, and in conse-
Shan said he could not on his to give an estimate. Mr. Price showed him, what quence Mr. Price, when he wrote agreeing month; he must writs and ask for instructions. would want $130 to do the work, Shau authority agree to accept $50. he wanted doing, and the painter said he to the document, addressed the letter to the son. Apart from this, when the defen- the shop-No. 12, Queen's Road Contral. He Ultimately Shau Shan was induced to a
At the same interview something was said about Shan said he could not pay so much as that. dant's shroff came in to collect the rent remembered part of the conversation but not pay $60, Mr. Price to pay the balance..
agree to Mr. Price asked him when he B'08 go- ing to let him have his new
the whole. This was close to Chinese New ness then went over to David and Company's Wit lense. The shroff replied that the drawing up of the Shau Shan, “If you cannot settle about the in writing what he agreed to as to the length Year. He remembered his master saying to office with Shau Shan. He asked him to put lease and paying for the same Price's business. Mr. Price dissented from must settle about the shop proper."
were Mr. godowa I am not particular about it, but you of the lease, the monthly rental, and the amount this, as it was not in accordance with the custom
A day or to be contributed by the landlord towards the two after this his master sent him to see Shau repairs, and Shau Slian did this. The agreement of the Colony. Hence the delay which ensued. Shan. He saw him and asked him, whether produced was the same, and it was in accordance Mr. Pollock proceeded to deal with the acts of he had got a reply from his master, and ask with the terms agreed upon. He took away the part performance mentioned in the petition, ed him to hurry up and settle the agreement document and gave it to Mr. Price. He told Mr. adding that the plaintiff distinctly informed about the shop proper. Shan Shan said there Price that Shan Shan wanted something in the defendant's agent of the expense he was in- was no occasion for hurry, as the old_lease had writing in exchange for this document, which curring.
not cxpired and the Chinese New Year was be explained to Mr. Price. Mr Price was close at hand. Then he went back and told his engaged at the time, but fabout an hour after- master about this. His master told him to gowards he wrote a letter, put it in an envelope. and see him again later on and hurry him up, Two or thro days after this he again saw Shan Shan who said he had written to his master but he had not received any reply. About 12 days after this interview Shan Shan called at his mastor's placa-No. 12. On that occasion Shau Shan agreed to reduce the rent of the godown at No. 10 by $10, and told him to ask his master if he would agree to this. He went in and asked his master about it, and his master said he was not going to take the godown. He told Shau Shan, who replied. Never mind, if your master does not like to take it." About ten days after this Shau Shan called at the shop again, and as far as he could remember he thought that on that occasion he said he would accept $60 rent for the godown at No. 10. He told him to ask his master if he agreed to this, as if he would not do so he would advertise the godown. He told his master, who declined to pay this rent. Afterwards he saw a notice posted near the door of the godown and another posted at the corner of Queen's Road Central saying that the godown was to lot. No final settle- ment had been come to at this time with regard to No. 12. Something had been said about increasing the rent of No. 12. Shau Shan had said he wanted to increase the rent by $100 a month, and his master had said that this was too much. Shau Shan said that the rents of his neighbours-the Dispensary, and so on-had been increased; he could go and enquire. His master replied that he had a right to increase the rent but he should not increase
The plaintiff then entered the box, and cor- roborated the statements of his Council.
Adjourned.
Tuesday, 5th March.
IN ORIGINAL JURISDATION.
BEFORE HIS Honour Sir John Carring-
·TON, C.M.G. (Chief Justice), AND A SPECIAL JURY.
HERBERT PRICE, TEADING AS H. PRICE
QRAND CO., V. LUM SIN BANG. The hearing of this case was resumed. The plaintiff prays that the defendant may be or dred specifically to perform an agreement and to grant a lease to him in accordance with the terms of the said agreement.
* Mr. H. E. Pollock, K.C. (instructed by Messrs Johnson, Stokes & Master) appeared for the plaintiff, and Mr. J. J. Francis, K.C. (instructed by Messrs. Mounsey & Brutton) for the defendant.
***The jurors were Messrs. Thos. Arnold (fore- man) A. Denison, J. M. Beattie, F. H. A. Fuchs, B. G. Shewan, R. K. Leigh, and A. Shelton Hooper, an
The evidence of the plaintiff being concluded Chun Chỉ, the plaintiff's godown keeper, was called. He said he know that Price & Com- pany were now renting two-thirds of a godown at No. 10, Queen's Road Central. He first heard that the godown was to let in November or December, 1899 He forgot the name of the man who told him, but he was a fat man
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and told him to take it to Shan Shan, which he did The letter was addressed to Lum Sui Man in English. Before ho sent the letter Mr Price told him to go and ask Shan Shan the name of the landlord and to write it in Chinese. Shan Shan wrote the name of the landlord in Chinese and witness took it back to his master. This was sometime in February or March of last year.
Witness was cross-examined at some length- by Mr. Francis. He said he thought it was some time in the seventh moon of last year that Shau Shan told him that the property; had been sold: He did not make application, on behalf of his master, to the new landlord in regard to the lease. Mr. Price commenced his occupation of the godown at No. 10 towards the end of March last year.
Li - Ki, contractor whose bus mises are at 21, Wellington Street, evidence as to being called in to the c godown occupied by Price and Company an estimate as to the cost of doing certain to the premises. - When he named his price he was told he was too dear, and went away
Wy On, solicitor and managing rk in the office of Messrs. Johnson, Stokes and produced the lease granted by the defent this case for the premises occupied by 1 which premises were over those Price and Company, renewal of the lease being
settlement
defendant's son. TL the defendant until some 1900. He happened to be im