THEATRE
DALLII COL
The Dalby Manou?" have been osterings or our past month, closed their
Saturday night
opere Bar Toy
■ Speco # few weeks.
Saturday nights
went with the
the thres pre
Mr. Dalle A
vociferously no toy was T her part admira
style It's nies
May Norton u ħi
Berthi Hanter
lady had very little
also be given to
great energy and resoures; and we may, I Khink, fairly hope that in him we have at last get the right man in the right place. With regard to the Increase of capital agreed to the extraordinary meeting of the 8th December last, I need only say that the first call is coming im, though rather more slowly than we conia wish I now Appeal to those shareholders who hinese have not yet paid this call to do so at once, such thereby saving themselves interest and enabling the Beard to prosecute work at the Mines with the vigour that Mr. Lester so desires to infuse house Mato It, and which is absolutely necessary if
we are to sohieve rucoasa,
rised piece,
the
Korida sa San!
There being no questions, the CHAIRMAN moved the adoption of the report and accounts
• the Captain CLEMENTE seconded, Carried
for
Mr Horas moved the confirmation of the mit through election of Mr. R. C. Wilcox to the Board of
Directors.
Mr EDULJI seconded, Carried.
clever Mou
MT JORGE proposed the re-election of Messrs the latter Gillle Howard, and W. K. Hughes as Diren
tora. Sky Austained
Mr KELLY 86Conded. praise zast Carried Godwin sa Yen
THE HONGKONG DAILY PRESS; MONDAY, APRIL 8TH, 1901
SUPREME COURT
The buyers are ofered me the 10 per cent | walk whether the following entry in the plain- this morning whics I refused to accept as I do tin's book
Jane Sih.
JOHN WILLIAMS,”
mot care to, nor do I feel justified in committing Mr Newell, 32 mcks outlames at 39, 280 you any father until I have sosity you an ex-lbs., to wait orders. THE DISPUTED LAND FURCHAGE CONTRACT.
The following is the judgment delivered byplanation. The reasons that tempted me to His Humour Sir John Carrington, CMG make this blunder was the incorrect reading (Chier Instice) at the Supreme Court on your telegram of the 20th inst, partly induced. Thursday, in the suit of Luk Lai Cho v T. H. by the fact that nearly the whole of the ground Kingsley, which was brought to determine the is rented and it will take some time to clear it legal rights of the parties with respect to a of the large quantity of oral stored on it, and at contract for the sale of Marine Let at How fast three months would elapse before the bayers could take possession, and all the large loon.
Mr. H. E. Follook, K.C., for Mr. J. J. Fran- and sales that I have heard of here have been ois, K.C. (instructed by Messrs. Deason and based on somewhat similar teras, and I don't Hastings) appeared for the plaintiff. and Mr. E. taink it would have been possible to obtain sash H. Sharp (instructed by Mr. C. Ewens), appeared high price had I not allowed the time payment. for the defendant.
The buyers seem determined to hold me to my note, in fact their lawyers notified me to that effect this morning, but I have told him I can do nothing until I have farther instruc. tions from you.
The judgment ran as follows-In this case the plaintiff asks the Court by its deeree to order the defendant to spetifically perform a contract for the sale by him to the plaintiff of Kowloon Marine Lot No. 39 for the sum of 8325,000 on the terms mentioned in the petition and to execute a propor desil of conveyance to the plaintiff upon payment of the purchases money.
The facts of the case are so little in dispute that no oral evidence was taken at the hearing, but the case was argued upon the admissions docamentary evidence which was put in by con- sent. The fuels appearing in this way may be shortly stated is follow
Captain CLEMENTS proposed that Mr Faller contained in the pleadings and upon certain ton Henderson be elected anditor.
Mr Mooxer-seconded. Carried.
', .
Her for bir deyer acting and
rmg of the song I mean to introduce them lita Chius? All the principal songs were Pathusiastically The CHAIRMAN-That concludes the busi. received, and several encers find to be concededness of the meeting, gentlemen. I thank you to a highly plased audience, who tatlled their for your attendance.
appreciation by à liberal offer of feral tributes, The other members of the Company, althongk we have not mentioned them individually, loyal ly supported those who led the leading parts, and helped to make the performance in exesi- lent one.
At the conclusion Mr. Dallas in a few well chosen words, thanked the residents of Hongkong far the kind patronage extended, and cordially shown by them to him, Mrs.
AN INTERESTING PRESENTA-
TION.
a
I hope you will be able to arrange this mat- for without much trouble as I am aware it is my fault. I had no right to give them a nots at all and caly my anxiety to here the matter settled and my not understanding the telegram can be my excuse.*-----
Yours faithfully,
JOHN W. KINGHOEN." On the 27th October the writ was itsned. On the 30th October the defendant arrived in the Colony, and on the 5th November he sold the Lot to the China Commercial Co., Limited, for $325,000 and received the purchase money.
On the 10th November an offer was made by the plaintiff, through his solicitors, to purchase the Lot for 1825,000 cash down on-com- pletion," but the answer made to th's offer by the defendant's solicitor was that the Lot had been already sold as above-mentioned. This offer was made without prejudice to the position taken up by the plaintiff in this suit.
-
The hezt ·imus, valais the quintion
w whather Kinghorn and Maodonald," in writing to the plaintil their letter of the 20th October, bond de believed that authority from the defendant to write it was conveyed by
their telegram to the defendant of the 19th October was a suficient memorandum is writing of and the defendant's telegram in reply of the answer to this issue must be in the afirmative. contrast to satisfy the 17th section of the 20th October. I see no cause to doubt that the I can discover no reason in the evidence before Statuts of Frands. In an action for non-
good faith of Kinghorn delivery of the four it was proved that the
throughout this transaction. entry was made and signed by Williams is theme for questioning the duly authorized agent of the defendant, and that and Macdonald
Bat then it is suggested, on behalf of the plain- the plaintiff Newell was a baker and the defen dant Radford was a four merchant. It was not tiff, that, even if it be granted that the authority disputed that the signature of the agent exercised by Kinghorn and Macdonald was not Williams was sufficient to bind the defendant, in fact conveyed to them by the defendant, yet but it was contended that the written meme- the defendant's telegram of the 20th October was randum did not sufficiently abow which of the so ambiguous in its meaning as to mislead them partica was the buyer. But the Court thought into taking the action which they did take. The that the parol evidence received was admissible issue raising this point is framed in the follow explain this docht, and it upheld tho me ing terms Are the said telegrams [that is, morandum as anticient within the Statute to the two just mentioned] es ambiguous as to hos susceptible, to a reasonably intelligent person charge the defore, of opinion that on this first reading them with due care, of the construction
I am,
Macdonald? issue the finding of the Court must be in favour thus pat upon them by Messrs. Kinghorn and of the plaintif
to
defendant.
The next is the main issue in the case. It is-Did Messrs. Kinghorn and Macdonald is fact have anthority from the defendant to write the letter P
An
Dallas, and the Company, daring their Mr. Oxberry, in making the presentation, him to obtain offers for the purchase, and question. It was in the following terms authority from the defendant to write and stan silent on the question of the time of payment
stay here, and at the same time fronted Mr. Vallance, the musical director, with several sou- venirs subscribed fo by some of Mr. Vallance's friends. The whole company then joined hands and sang the Auld Lang Syne,
The Company, leave to-day at noon by the French wail steamer Ernest Sinions for Singa. pore, where they will play for a short season, and then proceed to Colombo.
PUNJOM MINING CO., LIMITED.
referred
the
sala
it
In
So also with regard to the second issue, which In dealing with this issue it may of course be raises the question whether Kinghorn and admitted that the defendant's telegram of the Macdonald were in fact noting for and on 20th October might very well, especially having behalf of the defendant in writing the letter.regard to the Importance of the transaction, It is not denied on behalf of the defendant have been fuller and more explicit in its terms.
But one naturally looks for compression that they were so acting.
over-soas telegram, and it is reasonable to expact that due care should be used in reading. The plaintiff resides in Victoria in this
it. If it and in putting a construction upon such due care had been used in the present in- Colony, while the defendant generally resides at Shangli. The defendant is, or at any rate at
The newer to this question must depend on
stance,
I do not think that Kinghorn and Mac. the time of the issue of the writ was, tus regis tered owner of Kowloon Marine Lot No. 39. It
the right construction of the documentary evi- donald would have had much dificulty in making was stated by Mr. Francie, counsel for the
depco in the case, and specially of Kinghorn out the real meaning of the telegram. But it is plaintiff, with the consent of Mr. Sharp, counsel
and Macdonald's telegram of the 19th October, evident from Mr. Kinghorn's letter of the 22nd for the defendant, that at the time of the con
and of the defendant's telegram of the following October that this due care was not exercised. day in reply. It is not alleged on behalf of the He quotas the telegram and says he "thought tract in a question the Lot was in the oconpation
In this state of facts issues were settled for plaintiff that Kinghorn and Macdonald had it referred to the question of commission only." The European staff of the Hongkong Hotel of certain tenants who were storing coal on it,
the determination of the questions in contro-- any general anthority from the defendant to But surely the question of commission TOS met in their private dining room Friday and the last of these tenansies expired on the afternoon and presented their assistant manager, list December, 1900. Apparently the defendant versy between the parties. The defendant in enter into a contract for the sale of the Lot; it is covered by the words "$325,000 net," and it is Mr. Fred Hurst, with a silver cigare, card winked to dispose of the Lot, and in October his answer set up the defense inter alia that therefore necessary for him to show that King- difficult to see what the word "cash had to do
out,
indi- I have already Just Kinghora and Macdonald, consulting the Statute of Frauds had not been complied horn and Macdonald, in writing and signing with that question. And again it may be cass and match box, all suitably inscribed, on
Lis
and sufficient in point of form, had specific cated, that if the defendant's telegram was the recasion of his leaving the Hotel to take up mechanical engineers and surveyors, were
Assuming that Messrs. Kinghorn and Mar the position of manager of an hotel at Manila. agents in the Coliny and were nathorised his with, and the first issue therefore raised this the letter, which I have now held to be valid pointed
of the purchase money, the agents could not to the good feeling which had prevailed of the Lot. It is material to consider what took donald were noting for and on behalf of the among all the employees, both European and place in the way of Kinghorn and Macdonald defendant in writing the letter of the 20th Octo- The two telegrams to which reference has properly infer from that silence an authority Chinese, during the two years Mr. Hurst had reopiving and transmitting offers before the bar. 190, sot forth in paragraph 8 of the plain just been made must be read in the light to cuusent to the proposed terms of payment. been with them. Nothing he was sasured, could plaintiff's offer was made. On the 3rd October tiff's petition, and assuming further that they of the vireumstances in which they were In each a case they should have done what-1
happened before they were is, telegraph to the defendant" for confirmation have been more satisfactory, or more helpful to they telegraphed to the defendant at Shanghai had authority from the defendant to write the written and despatched. Let as consider Kinghorn admits he ought to hare done, that
I and Macdonald's of the time." of the Hotel, then the the inquiring whisther they should sell for his ac-letter, a the letter a suficient memorandum in what had
Kinghora
cannot help thinking that Mr. general interests
which rough esprit de
prerailed among the count for $300,000. On the following day they writing under the provisions of the ith section sent.
of the Statale of Frauds to charge the defen firat telegram, dated the 3rd October, they in Kinghorn's letter makes very much against the clad generally, brought shout, se it had been, by wrote a letter to the defendant in which they
quired whether they could sell on the defendant's plaintiff's contention on this issue. For, in- the tact, prudence, and general kindness of their mentioned this telegram and said that, at the dant upon the contraet therein referred to "
This issue is of vital importance to the plain account for $300,000. This would mean that stead of throwing the blame on the defendant time of writing, they had not received any reply assistant manager. Mr. Hurat had also accam- plished a great deal towards the many improve to it. They went on to say that, since their tiff, for if it is decided against him his case is the $300,000 would be payable in full in cash for sending an ambiguous telegram, he takes
dreadful mess of it": he ments which had been made in his department telegram had been despatched, they had receive at an end. It was argued by Mr. Sharp that on the completion of the sale and purchase. In the blame to himself, saying that he had "made
wired for confirmation that he enght to
and that during the past two years, and the commercialed a botter offer and would advise him to accept the letter is defective under the Statute in not their letter of the 4th October they advies the saccess which had been achieved had been the sum of 5320,000, less the usual brokerage,taining the defendant's name or any descrip- defendant to accept a better offer which they
tion or identification of him, and that there is had subsequently received of $320,000,"less the he had made a blander" in consequence of his his unceasing efforts and inde as soon as he could. mainly due
would mean that the This o
incorrect reading of the telegram." I think To this letter the defendant on the 13th nothing in it to show that Kinghorn and Macasual-brokerage, fatigable attention to the requirements of his
the completion of the sale and care and circumspection would have prevented, fuente.They a, and More Hurst in file fotoder for telecam in reply is to donald signed it as agents. But it may be 3326,000 would be payable in cash, less the usual he did make a mistake which a little more highest of esteem, and wished him prosperity following terms: accept the offer $320,000 observed that this latter point seems to be pre- brokerage, in the management of the hotel at Manila, net, if you cannot do better, but try all you cluded by the form of the present issue, which purchase. To this the defendant replied by but at any rate, so far from persisting in his whither he would journey in a few days: possibly can do to get $5,000 more. Purchaser says in so many words that, for the purposes of telegraph on the 13th October that he a mistake, he did what he could to atone for it by Mr. Hurst, in acknowledging the gift, thanked will to compelled to take over Government con- the issue, Kinghorn and Macdonald are to be repled the offer of $320,000 "net" if they a manly and straightforward udmission of his
assumed as having acted for and on behalf of the could not do better, but they were to try all On the 18th October the plaintiff made to defendant in writing the letter. Dat even if the they possibly could do to get $5,000 more. the staff for their kindly expressions. He entitions of sale. preciated the gift still more because of the spirit in which it had been given, that of heart-Kinghorn and Macdonald an offer to purchase point were not precluded in this way. I do not will be observed they both these offers were for felt acknowledgment of work done. He much the Lot for $525,000, lesa, brokerage to the pur: think it could avail the defendant. On its cash, in the first case in full, in the second sub regretted breaking the connection, but would chaser and less an amount paid by the Govern- fase the letter is an agreement which amply ject to the anal brokerage," and that the always look back with pleasure and pride open ment to the defendant by way of compensation satisfies all the requirements of the 3istate: defendant had, as regards the second offer, de the many pleasant days he had spent in the or refund for a portion of the Lot then lately the only difficulty which arises is that it is clined to allow the brokerage. It will also be Hongkong Hotel.
Tesutted by the Goverment. The plaintiff fur shown by parol evidence that the apparent ven- observed that the defendant in his telegram did ther proposed to pay 10 per cent. of the par- dors are in reality not agreeing to sell on their not use the word "cash" there was no need for him to do so, because the offer was a cash chase money on acceptance of this offer and the own account but as agents for the setual ven- balance in six months.
dors. But, as was said by Park, J., in Wilson one, though subject to a suggested commission. v Hurt. 7 Taunt. 33, "it is the constant course The effect of this telegram of the defendant On the following day Kinghorn and Mac. donald telegraphed to the defendant at Shang-to show by parol evidence whether's contracting was that on the 13th October Kinghorn and That case, it is Macdonald had his authority to accept an offer hai in the following terms:- We can sell three party is agent or principal.
true, was decided on the construction of the 17th for the purchase of the Lot for $325,000 payable hundred twenty-five payable 10 per cent. cash remainder make the time six months what com section of the Statute, but this section in its in fall in cash on the completion of the transac mission will be allowed."
terma sa to the kind of writing required, when tion. No question of deferred time for pay had at that date been raised between the prin cipal and h's agents. ment of the purchase money or any part of it
The fourth ordinary, remoral meeting of ahara holders of the Punjom Mining Company, Lim ited, was held on Saturday Mr. EU. Wilcox, (Chairman), presided, and there were also present Messrs. T. Howard, D. Gillies (Dirsc tors), W. H. Haakell (Secretary), T. F. Hough, E. Kelly, K. Edubil C: Mooney, F. J. V. Jorge CHAIWAN said-Gentlemen, before W. E. Clements, and R. E. Kelly, proseding with the business of the meeting. I should like to say a few words in explanation of my occupation of the chair hom toy As you are swart, I was invited to join the Board at the commencement of the your and on my doing so, Mr Gillics, who has for some time, beer making preparations to leave for England, asked to be relieved of the dance of Chairman Thick he has so worthily fulfilled for a number of years, and as the other direstors were uncertain as to their movements, I agreed to take the chair provi- sionally, knowing that I should meantime have The benefit of their advice and experience in A bluejacket from H.M.S. Blenheim pleaded the discharge of its duties. No one can pro- not guilty to assaulting an Indian on the 5th
SOITY
inst.
POLICE COURT.
Baturday, 6th April.
BEFORE ME. HAZELAND.
COST OF A FREE RIDE.
His Worship--Which you had no business to do.
Luk Lai Co.
4th section.
tend to the knowledge Mr. Gillies possssses of the history and operations of the Company, least of all, a new comer like myelf, but I shall do my best to get thoroughly posted in every thing connected with the mines. I propose to day with your noquiescence to take the Report and Acemants as read. I am that we have not a better record to place before you for the past year bat, as you will doubtless, recollect, the Chairman at the last ananal meeting had to announce the misfortune from which we barenoterenyot quite recovered. Lallude to the bunting of the imbankment of the dam, which deprived us of the motive power for our machinery. I am glad to however, that this obstacle is now in a fair way to be overcome, the new dam bo ing nearly completed and on a larger and knent mate, which will enable us to more permanent rum double the number of stamps we now possens, or 48 head. The work dones at the mities during the past twelve months, though notes show of immediately productive kiad, owing
to the dister above mentioned, has been of very usefal description. Thus, the South Jalis shaft has reached the depth of 100 fest, and strives are now being made at this level. Both of them bolted, but were pursued, where-can be made ses Deacon Hastinant in fall) which directly or by sufficient reference sets
Defendant-And the watchman hit me over the head with a stick.
His Worship-1 find the charge proved. Five doliara or 14 days.
LARCENY BÝ A BLUEJACKET. Two binejackets from the Bleakeim were charged with the larceny of $2.90 from wshop in Queen's Road on Friday night. They pleaded not guilty.
The complaint, a money-changer, said he was at the door of his shop, and saw the two defendants go in His foli was counting money, and the second defendant snatched sche of it. upon the second defendant threw the money away.
KINGHORN & MACDONALD, Terms of payment to be 10 per cent. cash and the remainder in six months from cute."
On the same day Mr. Kinghorn telegraphed to the defendant at Shanghai as follows:
I have arranged for the Lave sold to-day. payment within the time mentioned."
To this telegram the defendant on the came day sent the following telegram in raply confirm sale of Yaumati lot only if tarms are in accordance with my telegram 20th October payment in full to myself telegraph me who documents are all in order and
AIB
1+
su- terms of Kinghorn and Macdonald's After
error.
have
Finding, as I do, in favour of the defendant on this issue, it becomes unnecessary for me to consider the remaining issues. It is also an necessary for man to pronounce an opinion on a question which was argued at the bar, namely, care, in point of law, authority to bind the whether Kinghorn and Macdonald bed in any in defendant by entering into a contract writing on his behalf. The result on the whole case is that Kinghorn and Macdonald, in writ ing their letter of the 20th October, had no authority from the defendant to torms of purchase mentioned in it. The defend- ant is consequently not bound by their action in making the contract for the enforcement of which this suit is brought; and judgment must be entered for him, with hin coats of ment
BOWLING.
the
The match on Wednesday and Thursday of last week between the Hongkong Club and the Club Germanis ended in favour of the latter club by 115 points. The scores were:-
CLUB OKNMANIA.
A. Rowback
E..Vollbrecht
J. Wahlen...
A. Thiessen
E. Engel
F. Groning... Chas. Lammert. W. G. C. Spalekhaver
■
1680
1043
1619
1590
1583
1637
1512
1486
Total HONGKONG CLUB,
12,637
1720
166*
K. W. Mounsey.......
1641
F. Haitland
1572
Capt. Warren, R.A.
1529
E. H. Hinds
1495
P. A. Cox...
1456
J. Hooper ...
1437
Total
12,522
M. Morrison R. J. Gerrard
The teams played for a challenge shield, which was held by the Hongkong Club in 1899 and by the Club Germanis in 1900.
To this telegram the defendant on the next
In answer to this objection of the defendant, day, the 20th October, sent the following telegrad at all, almost exactly follows those of grem in reply: Cannot accept less than thres
Then comes Kinghorn and Macdonald's tele. The complainant stated that he was a watch-hundred twenty-five net cash. It is round Mr. Francis relied on Filby v. Hounsell, (1996)
the defendant's consi- man at the Opium Farm. On Friday after this little telegram that the noise of battle rolls.9 Ch. 737. In that case, which was decided gram of the 19th October submitting the
On the same day, on receipt of this telegram, under the 4th section of the Statute, the vendor's plaintiff's offer for noon, as the Faim coolies were wheeling opium
one shop in Bonham Strand, the defendant Kinghorn and Macdonald wrote the following name was omitted from the conditions of sale deration. There are three terms in the tele by auction of a house and from the indorsed gram, namely, the price, the time of pay 20th October, 1900, farm of contract to be signed by a purchaser.ment, and the commission to be allowed. is used with respect jumped into one of the tracks. The complainant latter to the plaintiff :--
The house as not add at the auction; bat The word "cash " told him to get out, and for doing so received
the to the payment of 10 per cent of the Dear Sir,We are now in a position to accept subsequently the defendant sent a letter from the defendant a blow on the month, which
part cut his lip and drew blood.
Defendant-The car was going along the your offer definitely for the purchase of Kew auctioneers, in their own name, offering to par. price; the question of deferred payment of
foon Marine Lot 39 for the sum of $325,000 net chase the house for £350, and stating that if of the price is introduced for the first time. street, and I jumped on it.
and will not enter into further negotiations the offer was accepted he would "sign contract With regard to the price the defendant had with any one.-Yours faithfally,
on auction particulars." The auctioneers replied already by anticipation, by his talegram of the by letter stating that on behalf of their client 13th October, given his sanction to its accep- (who was the vendor) aaming her, they accept tance; with regard to the two other terms. the ed the offer," subject to contract as agreed." deferred payment and the commission, it It was held that as the offer contained the clear that Kinghom and Macdonald had no Inames of both contracting parties (though one authority to bind the defendant with respect to was only agent of an undisclosed vender), on them without the express or implied sanction its acceptange there was a valid contract within of the defendant. I do not think that mere the Statute of Frnds In the course of his silence in his reply to their telegram could judgment Romer, J., said-st p. 799 The be taken to convey such an implied sanction; point arising on the ples of the statute is that in such a case it would be necessary for the which concerns the name of the vendor The agents to hold their hands and telegraph again how does the defendant in his telegram defendunt says that he has signed nothing for an answer on that point.
No of the 20th October deal with these forth who the vendor is. And true it is that in. the plaintiff's name as vendor does not ap three-terms of Kinghorn and Macdonald's cannot accept loss The
It is manifest that this pear in the offer of purchase signed by the telegram? He defendant, and that you cannot gather who than $325,000 ast." contract or particulars which the vendor is from the anation form of disposes without ambiguity of two of the three ficiently referred 10 for identification in the urmely, the price and the commission. offer. But the offer does contain the names of these words comes the only other word in the What does this the contracting parties. The offer in to Frank telegram, the word "cash." Jelly & Co. (the auctioneers). and I think it word mean in its ordinary significance It makes no difference that the offer is made to cane" ready money; money on hand or at com- of satisfying the Statute of the telegram? I have no doubt it was intended them an agents for an undisclosed principal. mand." To what does the word refer as used in
Frands it appears ties are concerned, that the written contract Kingherz and Macdonald's telegrain, namely, should show who the contracting parties are, the time and manner of payment of the price or purchase money of the Lot. That it was in-
Imported direct from the Growers, we are although they or one of them may be agents or
I think the agent for others, and it makes no difference tended so to refer is clear from the defendant's whether you can gather the fact of gay from next telegram, sent on the same day, the good able to give exceptional value. the written document or not Who the princi- faith of which is not impagued.
does with safficient claarnese convey, to King VIN ORDINAIRE ... pals are may be proved by parol. That is well earlier telegram was intended to convey, and
In the case at bar the position of the parties horn and Macdonald the defendant's authority MEDOC... settled.
be pay MARDANX On the 19th inst. I sent you a wire saying is different, as the vendor is sought to be made to accept an offer for the purchase of the Lot ST. EMILION... We can sell $320,000 payable 10 per cent. maal liable through the set of his agents, but this for the price of $325,000, such price His Worship-The first defendant is disreaminder make the time six months what com difference does not affect the applicability of able in full in ready money on the completion charged; the second will go to gaol for one mission will be allowed," and received your the above quoted observations of Romer. J. of the transaction. Kinghorn and Macdonald St. JULIEN
Joon be 203 "Cannot accept less than It may also added that there is the regented the egra se conveying to them the ET. ESTEPHE reply the
less merit in this objection of the defendant defendant's sanction to the proposed time and CH. LEVILLE month, with hard labour.
and on the same day I re A machinist on the U.S.S. Oregon was con- plied, "We have sold to-day, we have arranged in the present case in that it is clear that the manner of payment of the purchase money, and CH, LAROSE...
October they acted on this view. I am of opin ion that this Tiew
was erroneous and that, in ZINFANDEL... ing out of the Victoria Hotel on Friday even-payment with, (in) the time mentioned, and negotiations for the sale and parclass of the in writing to the plaintiff their letter of the th
writing the letter, they had no suthority to binu An allowance of SEVENTY-FIVE Cente ing between seven and sight o'clock, when received your reply on the 21st, I coufirm sale Lot were carried on with express knowledge on ricksha coolie caught him by the coat and said. Yurati lot only if terms are in accordance both sides of the fact, that the defendant was
with my telegram of Quth Octolver payment in the real vendor.
Mr. Sharp sought to impeach the authority the defendant by un ag eement that the terms per dozen is made for quarter bottles when "Yon pay me."
of payment were to be 10 per cent. cash and the returned to our godown. Special rates for full to myself telegraph me when documents are
of Filbyr. Hounsell as regards the present
remainder in six months from date." It is Hogsheads. all in order and payment in full can be made ses
casa by saying that it was the case of an sus Now I am afraid T huwe mnds a dreadful mess tioneer who by custom acts as agent for bath earions to observe that these words do not ap Deacon Hastings.
In a postscript. I should be inclined to inter- of it. Immediately on receipt of your first parties, This, however, does not seem to be pear in the body of the letter, but are contained telegram on the 20th, viz. Cannot accept less so, for the transaction took place after the
40: The Retter. than 9325,000 net cash," which I thought refer austion was over. In Mews v. Curr. 26 L. J. pret this as a sign of haste in the writing of the The answer to the third issue must therefore red to the question of commission ouly, I gave Ex. 30, Pollock, CB., gidat them a note saying that their terms as to time' sale in this case, which took place after the
Without doubt the fendant. wore accepted, and then did what I ought auction was over, must be considered to be an be in the negative, that is, in favour of the de- to have done at first, &c. wired for confirmation ordinary sale.
Second defendant-She's telling an untrath, sir, I never left the hotel all night.
On the 22nd October Mr. Kinghorn tele. graphed to the defendant at Shanghai saying that the sale was suspended and asking him to wait until he received his letter of the same date. This letter was in the following terms
**Hongkong, 2nd October, 19.0. Shanghai. T. H. Kingaley, Esq.
Dear Sir, On the 3rd inst. I sent you a wire sell for your account saying "Shall we 80,000, and received a reply on the 10th to you ut Tientsin. In the meantime I wrote you on the 4th just increasing the offer to $320,000 and advised you to accept it; on the 13th inst. I received a wire from you saying "I recept your offer $320,000 net if you cannot do better, but try all you possibly can dive thou sand more, purchaser will be compelled to take over Government conditions of sale, wirs reply Shanghai, will most likely arrive there Isth
October.
At MIR Gally shaft a depth of 330 fast has been reached, and but for water being on
A corporal of marines on H. M. S. Tamar, countered drives would ere now live been com menced is it. This water will soon be over. who was in charge of the picket on Friday come, as we have powerful 8-inch pump night, avid that near the Central Market he engaged on it. A good deal of work has been heard a crash as of breaking glass, and a shout done, too, in overhauling machinery and repair of "Police." A bluajacket came running along, to mischief, the ing plant, do, in preparation for a time of and, suspecting he had been more active production. Some prospecting has witness pursued him. The bluejacket ran into the Travellers Rest, and the door was besa done in the Bwah district, and the ap pearances there are undoubtedly encouraging, closed in the witness's face by the land bat without testing more thoroughly then lady. After the lapse of a few seconds it was inst, saying that our offer had been forwarded For the par to me sufficient, so far as par- to refer and does refer to the third tart in has yet been ponible it would be unwise to ex- reopened and the witness allowed to enter. He press any definite opinion on this field It is, was unable to identify the bluejacket, however, however, the intention of the Directors to carry as he had not seen his face,
The landlady of the Travellers' Rest said un prospecting on a larger and more systematic scale, and under the skilled direction of Mr. the defendants ran into her place, with Lester, our new manager. To this end thres great crowd behind them. Not knowing new numers, specially selected by his
him, have been what was the matter, and fearing that trou- sent for, and we hope that in a short time Bome We might take place in the bar, she shut the of the staff will be regularly and specially en door. She did not wean to keep out the "nou. gaged in this important work. Haterring to the commissioned officer of marines. new manager, I am glad to say that his impres slons of war property, so far as he has been able to inspost it, are most distinctly favourable
bə unfair to Ave asked him to
official report on the mines but it after his very brief experience, may interest you to know that he lost no time, after his arrival, is inspecting the works and taking a brief exploring trip over the con- erasion. He had only been a week at the mines when he wrote his first lotter. Referring to
The coolie refused to leave go, and the mach the two shafia it says they are well situated as far as prospecting is cancerned, and should beinist gave him into the custody of an Indian carried on. He is of opinion that the dam constable, ultimately preferring a charge of dis. would take ab ut four months from that date orderly conduct against him.
Hie Worship-Do yon owe any ricksha coulis (2nd February) to complete, and consequently no crushings would be put through before June.money
Complainant I don't owe a red cent to any By that time stone should be at grass at both Mill Gully and South Jalir abafts, He adds one in the wide world. A man wearing my
Thave just returned after being out three days uniform. It seems, is a prey to these follows.
Defendant- I drave the complainant to the exploring a small portion of the north of your concussion and consider, in the interest Victoris Hotel, and when he came out, he took of the shareholders, it would be advisable snother rickshs. I went up to him and said, to. abandon ideas of prospecting in the You pay me," and he gave me in charge.
His Worship (to complainant) Didn't Fang gong Valley except the two shafts now being sunk, and vigorously prospect the you engage this man's ricksha?
Complainant-No, sir, and I never saw him northern portion of your congestion, where without a doubt the future of Punjom lies in my life before Mr. Lester comes to us with first-class testi- monials and a long experienco, he is * man of
DIDN'T OWE A BID CEST,
His Worship The charge is proved. Five dollars, or 14
of the time, which your next telegram antiralyanctioneer must be considered as the agent for apsat, as you then distinctly say payment both parties; but when the sale is at an end that rale does not apply," I think. Filby v. full
Hounsell is a clear authority in favour of the plantiff.
Now the question is, what is to be done? I have consulted Messrs. Diacon and Hastings and they advise me to write and explain the whole matter to you and wait your instruations, which I hope you will sand by wire if possible.
Another case which goes to support the plaintiff's contention on this issue is Nowell v. Radford, L. R. 3. P. 52. There the question
BEWARE
of the Party offering initations of MACNIVEN & CAMERON'S PENS. They come as a boon and a blessing to men, The Pickwick, the Owl, and tho Waverley Pen.
Sold at all Stationers, Wavorky
Edinburgh. ALAONIVEN & CAMERON, Ltd., Works,
[1930-3
TRADE
MARK.
CLARETS
CALIFORNIA...
CH. PONTET Canet CH. LABOSE
I doz £ joz, #07. Bottles, å Bottka. | Bolties.
A
$4.00 $4.50 $7.50 4.50 5.00 8.00
5.50 6.00 9.00
8.00
6.50 9.50
0.50
7.50 10.50
8.00 9.00 12.00
11.00 12.00 15.00
11.00 12.00 15,00
4.50 ... 5.00
5.00 8.00
5.50
8,50
BOLDEAUX BOTTLED.
1 doz.
CH. D'ARLAU .. MARGAUX
Bottlers
$13-
15,00
24.00
36.00
CH. MOUTON ROTHSCHILD ST. LEHON, Tonic..
38.00
18.00
H. PRICE & CO.
12, QUEEN'S ROAD.
Hongkong, 20th March, 1901,
[616