Page
THE
THE HONGKONG DAILY PRESS, WEDNESDAY, APRIL 30TH, 1924:
DISTILLERS AGENCY, LTD.
BOLE AGENTS
London, Edinburgh, Glasgow.
66
The
Top Notch"
"KING
Scotch
GEORGE IV "
WHISKY
GANDE, PRICE & Co., Ltd.,
No. 8, Queen's Road Central,
HONGKONG, Tel No. Central 185.
DAIRY FARM NEWS.
ICE CREAM
PINTS.
.80
and
IN ALL
QUARTE
$1.50
POPULAR FLAVOURS,
SPECIAL
LACTO STRAWBERRY ICE
75 Per Quart
Delivered Anywhere.
LOTOL
Kills
Fleas
Flies
Bugs
Mosquitos
Cockroaches
i
and Germs.
SPRAY FREELY.
PENINSURE
U
Armour's "Veribest"
Frankfurter Sausage $1.00 per tin
Do.
$11.00 per dor, Vienna Style Sausuge $0.55 jer tin
Do.
$6.00 per doe.
JUST ARRIVED
VIOLINS AND MANDOLINS
MODERN FAMOUS MASTERS
KOWLOON MUSIC STORE
KOWLOON HOTEL BUILDING.
KOWLOON
FLETCHER'S PRICKLY HEAT LOTION
SPEEDILY CURES
PRICKLY HEAT, HIVES, NETTLERASH and SIMILAR
SKIN TROUBLES,
ANTISEPTIC, SOOTHING and HEALING.
PREPARED ONLY BY
THE PHARMACY, ELETOHKT & Co., LTD).
ASIATIC BUILDINGS,
QUEEN'S ROAD CENTRALE
£90,000 " INSULTS.**
TO
GET CONTRACTS IN CHINA, 'GIFT TO DISAPPOINTED OFFICIAL
Mr. Justice Acton in the King's Bench ivision last month heard an action in which Mr. James A. Malcolm, of Victoria Street, Westminster, claimed to recover 13 per cent, commission from Marconi's Wireless Telegraph Co., Ltd., on business done under three editracts with the Chinese Government.
Mr. E. F. Birchal, now dead, and Mr. Malcolm, were agents in China for the Marconi Co. That compary contended that money it had advanced to the Chinese Government could not be regard- ed as business within the agency. -
Mr. W. A. Jowitt, K.C., for the com- pany, said that transactions with the Chinese Government could not be visual ised in the same way as transactions with Western Governments. When negotia- tions were started with the Chinese Gov ernment for the sale of anything to them certain Chinese officials had to be com- pensated or, as Sir W. S. Gilbert had it, insulted by rebates, comunissions, pro- sents, and the like.
One official then on the Ministry of War named Tseng, he continued, got payments amounting to £2,500 Another called Ouang at the Admiralty, together with a relative of the Minister of Marine, received £27,500 Another official expect. ed to get part of Quang's money hti got none. Es had to be paid £10,000.
TELLATES IN CONTRACT.
Mr. Godfrey Isaacs, managing-director of the Marconi Company, said he had so personal knowledge of how business was done in China, but he did know that cep taia payments had to be rade. He ap proved of the business, but did not ap prove of the payments to the Chinese Government oficials and knew nothing about such payments till some time after they hand heen made. He agreed that the rebates and so forth to officials amount- ed to £80,000, and thought that it was likely that the price of £90,000 of the contract was increased to £300,000 for that purpose.
The third ontract with the Chinese Government, he said, was violated he. cause that Government having given a monopoly to the Margoni Company had also given a contract to ad American firm to the amount of many millions sterling. The right to do that was being disputed with the Chinese Government.
Judgment was reserved.
THE DECISION.
His lordship said the questions for decision were: (1) the true construction of the agreement, and (2) its application to three contracts entered into by the defendants with th Chinese Government. In his lordship's view the true construc- tion of the letters which formed the agreement was that defendants were to be liable to pay 5 per cent. commission or all orders obtained by defendants from the Chinese Government during the continuance of the joint agency of the plaintiff and Mr. Birchal, such.commis
im to be payable, when the defendants: received payment from the Chinese Gov. ernment He thought the defendants were right in saying that this commis- sich was limited to orders obtained, as distinguished from loans made by them to the Chinese Government in order to sceure those orders. Consequently, plain- tiff's claim for £30,000 as 5 per cent. commission on a loan of £600,000 under the first contract could not be sustained. There remained the question of the com mission payable on the order obtained.. the total purchase price of which, under the first contract, was £300.000. Commis- ston at per cent, had been paid on 190,000-an amount of £11,000-but plaintiff contended that he was entitled to $4,000 more as 3 per cent. on the balance of £80,000. Defendants replied (1) that a rebate was made on the prico stated in the contract very largely reduc ing the net purchase price as between them and the Chinese Government; and (2) that in fact defendants had never been paid more than £20,000 for the goods supplied. It was generally agreed that busfues of this kind with the Chinese Government was impracticable unless the sellers were prepared to sacri- fice causiderable. sums over and above what would otherwise have been the com- 'mercial selling price of their goods. In the present case no less than £80,000 went to Chinese officials on behalf of their Government,
"rebate" How far
the officials benefited personally was not.
known. known, and probably could not be He thought, however, that defendants were entitled to say that although prima fucir. their ability to pay commission would have extended to the whole of the £300,000 as the expressed contract, price of their goods, Indamar as the "rebate" the amount proportionately reduced actually paid by the Chinese Govern- mert, the plaintiff's claim for 3 per cent. on £80,000 must fail: He thought the ro sult might have been otherwise had the price remained at £300,000 ns between the Chinese Government and the defend ants
was Under the secont contrast "there an agreement to erect three wireless stations for £60,000 and naadvance in cash of £131,000. From what he had said it followed that plaintiff claim fur.com
could not be mission or the £134.000 sustaine). As to the 208,000, it had never been disputed that commission at 5 per cent. was due to plaintiff and would bo paid him when the Chinese Government paid the defendants. The third eusteget concerned the formation of the Chinese National Company, and under it plaintiff claimed (1) perpetual commission on all business done between the National Company and the Chinese Government; (2) commission £100,000) advance to that Government; (3) dam- the alleged ges for breach of contract/ breach heing the actual formation of the National Company. Plaintif had aban doned his first claim; the second was. disposed of by his lordship's construction of the original agreement; and the third failed. because the evidence did not sup port it. In the result, subject only to the admitted coatingent liability in respect of the £68,000 under the second contract, his lordship gave judgment for the de- fendant company with costa
The Day of the Knight is Here !
IT IS THE
-
WILLYS KNIGHT
Simplest and most trouble-free type of motor ever invented.
It has the most distnctive and gracefully balanced body of any car
in the market.
1.-The Willys-Knight car is the four cylinder motored car that makes the six
unnecessary."""
The Knight motor is steam principle The valves a twa cylindrical sleeves with rectangular slots or ports which when they gister with each other and the ports in the block allow the ingress and egress of the gases without obstruction. The wide open panges, particularly on the exhaust side, permit a more thorough cleaning of the.. Larut gases from the combustion chamber than any other type of ingtar, so that every ounce of energy available in utilized from the explosive mixtum, which gives us such tremendous power.
2--It has no valve to grind and no carbon to clean.
¿
The combustion chamber is completely surrounded by water and an alloy piston notes for its great hem: radiating qualities is used so either the combustion chamber ner the head of the piston gets hot enough to bake the residue from the exposed gas to farm carbon while there is still enough hest maintained to handle the explosive mixture effectively.
3-It is the only type of motor that improves with use.
While carbon can not form in the combustion chamber, still a certain amount of the resilde from the barat ses works up behind the wide waling ring in the cylinder bed and, as this building in process obtains, it keeps pushing this scalig ring more tightly against the inner sleeve until it completely seals the compression chamber developing more power with every mile the motor is draws,
4-It is the only type of motor that wears in while other wears out.
All arts in the Willys-Knight car are assemb'ei with wile clearance between each other and oil is forcel into the clearances under heavy pressure so that the entire assembly is tapping or wearing in on these heavy films of oil instead of wearing out. In other words, every bearing in this motor is an ail beating instead of s metal to metal bearing which is necessary in the construction of a poppet valve motor in ander to keep #quiet with subaquest quick wear and noise.
It has eliminated one hundred and wirty two quick wearing parts necessary in the operation of a cylindered poppet valve malor. There are to hammering parts anch as cams striking saint path rode, pash rolk against valve stems, or valve heads knapping lack into their seats through the medium of heavy springs, etc.
THE MERCURY MOTOR CAR CO,
Sole Distributors.
59-61, Des Voeux Road Central.
Telephone No. 977,
Head Office: 1st floor, Telephone 1340.
HOW TO GET GOOD SERVICE FROM
MICHELIN TYRES
Keep tyres pumped up to correct pressure for the load they have to carry. We can
tell you what this should be,
When tyres are under inflated there is continual internal friction between the foundation cord and the rubber, causing overheating of the tyre and conscquent rapid deterioration.
Water can also enter causing rust, resulting eventually in the rims having sharp edges which cut the walls of the tyre near the bead.
Most cars in Hongkong run on under inflated tyres with the above disastrous results. Have your wheels examined front and rear for trueness and tracking alignment. If they are at fault in this respect the tread of the cover is subject to a grinding action which quickly destroys the cover.
Keep tyres free from oil and grease.
Start and stop gently and take corners slowly.
Lastly buy
MICHELIN
tyre satisfaction is assured,
tyres from us and follow the above advice and
Eurore-Noia Trading C
Telephone 3438.
PIANOS FOR SALE OR HIRE,
TSANG FOOK PIANO CO.,
94, WARCRA BOAR
2127.
China Building, 1st Floor.
'THE NEW FRENCH REMEDY,
THERAPION NO THERAPION NË. THERAPION NO. 3
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