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LOCAL PROPERTY
DISPUTE.
O.S.K. SUED BY LANDLORD.
QUESTION OF WHO WERE LESSEES
The plaintiffs attneled consider abic importance to that change in the execution, which was deliberate
MAY 27th, 1927.
offert of that answer was that there was still further three years to run on the option, and that there- fore the plaintiffs had no right to impens a la per cent, incrense. The plaintiffs then accepted that posi tion. The rent lind been paid at the rate of $700 per month until their notice to quit in August, Hell
dune. He was not suggesting that it was improperly dous, but il was clearly an execution of the OSK. if, and he would submit it was tire must material portion of the las, and that the only con clusion, his Lordship, could' come try A dispute between the Osaka was that the U.S.K itself were thei If his fordis did i Shosen Kaisha and 180 Chinese actant lessers,
Only Monthly Tonents. inathords over the matter of a leased and that, then they would be in
Be preuiar position of naborly Add sing the Court in the after by an action which was cont
far signing a frase sa as the non, MA. Sidon, for the define,
me need at the Supreme Court yes.
THE DEFENDANTS' CASE.
terday, hefore the arting Chief lessers were cobertped, and it was¦referred 15 several points esised!
Justice (Mr. Justine J. I, Woint).
The handlards in questions, thi Kan Maw and Chan Tong, sued the D. K., of Queen's Building, Con- Bromela Braal, Central
J 3x 03
.
edivinusly
L
lesser must excente.
Wire a
during the opening of the eres, He previled to quote various authe rities bearing on these points
Exorcise Of Option.
Ffe contended that defendant Furthermore, the ly paroles
were only mouthly tenants, that with whom the plaintiffs had dealt were the D.S. K. Thay hund paid being born on by a letter to the Mr. Eldon Potter, B.C. and Mr.
22nd FC. Jenking instru-ted by Mr. the team, and gid it on their own defendants, dated August
The 29025, in which the the ponintiff's gove F. E. Nash, are for Che plaintiffs, eyes, la was instructed. Prod Mr. J. G Sheldon, instructed plaiofit's aduitted they were the defendants a month's untira,
Mr. Sholder contended that the re hoigizes, and in addition to their S. Hagh, is defenla
was no ground an which the Co the hion that the 0.8.K. Were According to the plaintigs" stato. ment of claim, by a lease dated swes, that ebim was made any could be termed the res Anna Hath, 191, the premises their bebuif by Mesars. Wilkitoon as the lease purported in be malej acting for out between the plaintiffs and the kawas 18, 19, 10 and 18, and Crist, who
making that then manger of the Q.8.K. Mersonnel Rond, were demised to them. the defendants for six years with chim showed that until they gave Hong Kong, Mr. Yamasaki. an option of a further term of four justice to quit they regarded it as Company were nol parties to the On April 7th. the premises en effective lease, and that they dred and did not esciute it, and. aere assiged to the plaintiffs sich had a fact exrivised the option, Derefore, could not be che lesseen, jeet to the terms of the said lease, nat were tenants under the agree
Plaintiffs claimed a declarationment for the full term. That the defendants exercised the
The defendants were had now in jonial option and thereby became „eupatión. On August 11th, 1926,
The
יניזיו 44
|
¡!!
He did not know on what grounds the plaintiffs held than, the Company were the lessees. The only possible way in which the Company would'
corporate seal on the document, or
is their authorities attorney sign-
in
it. At the most the Company' id onlybe described in enor tion with this lease as beneficiaries under Mr. Yamasaki s trustee.
wants of the premises for a fur- they gave notice that thes Workie "Acute this lense would be by their | ther period of tone years; (2) alter- quit the premises on September natively, a declaration that the de- | 15th, 1926, and from that time they - femlunt--nze-stopped from densis Leeved cadeapp. The permiss bad
But they exercised the said
wat bien Fed again, because the optins: (3) specific performance and
plaintiffs maintainedl that L:: payment of rent acerued due; (9) 0.5,K. were still their tenants. alternatively, a declaration that the defendants at all material times were and still are the tenants from year to year, and payment of rent e: (5) alternatively, the sum of $1,012.50; (16) Alternatively, in respert of
claim generally, | damages
In opening the ense for the pilain- Gfs, Mr. Potter referred to the various issues that were raises. He
Referring to other letter. re- fening to repairs, from the defend- nits, Mr. Potter said they claimed
Manager's Evidence. The present manager, if the O S.K. was called and in answer to à, shohion, said that Compuny
it that they had actually exeris- was incorporated in Japan and in ed their option. The letter refered į tiong Kong to the dense for a term of six years, and after referring to the option of a further far years we on to 503. * We do not give up our right For an extension of the lease on the above prelaises. We are hold
Witness gave evidence as barte ceaving a letter from Messes. Wi and Kash stating that the rent would be increased by $112 a mouth, and said he signed a reply. which was sent to the effect that he understood that their contract term of the lease." Nothing, vom-encasing the Base of 1918 under mented Mr. Potter, could be more which the preinises were held) stil! He understood that explicit then that, The position brid, grond. was that the lease was retually there was still about three years to made with the 0.1X., and they jrun under the lense.
| said he did not think his Lordshiping on to our right for a further
would be troubled very much with fart, and the oral evidence would probably be quite short. to the statement of defemer, the defend auts denied that they exrreland their opinion of continuing venjake tion for Forther four years, hit the paymnt of rent was not dis pured.
One issue raised by the defend ants was that the base was not a lease between the plaintiffs and de fendants, log between the plaintiffs
and 011
alter.
Yamasaki. and natively that if it ';... F1 with the defendants, then it was a lense with the defendants, then was illegal and void under the Companies" Ordinance. They also thnied that they were tenants at ali, or if they were they were merely monthly tenants.
text.
*ls ]
exercising their
The plaintiffs wrote a letter in which they refused to acrepf that position and actually gave the m batier to quit, contending that they were reels holding the property as monthly Loants, but later the plaintiffs divided to newest that view of the defendants.
Signed For The Company.
In reply to his Lordship, witness said that Mr. Yanasaki was the. manager in Hong Kong when the lease was signed. He had now re tip and was last in Hong Kong GOPAL SEVEN or eight years ago.
Dis Lordship showed witness & of the leave with Mr. Yama saki's signature, which witness said he knew,
His Lordship: Did Mr. Yunsadó sighed thas lease for himself or the Company 7
Witness, after much hesitution. and a repetition of the questiou : He signed it for the Company,
O.S.K. Sued. Promeding, Mr. Potter said some money for rout beenme, dae, and was held back because the defend- ants claimed that certain repairs should be carried out by the plain- tiffs. Eventually the plaintiffs surd for the sum of $3,000 being four
oths' rent. That writ was taken taping to get away from this, lense, It was assigned to your Company. out against the 0.5.K. and not against Mr. Yamasaki, and in that! Why do you not want to carry it artion the defendants consented to judgment. Mr. Potter added that
vaid.
Who Is The Lessee. Continuing. Mr. Polter said one of the first peints his Lordship wrdd be called upon to decide wis who the lessee was. The lease was made by the plaintiffs' predecessor, a Chinese merchant at Canton, and Mr. Yamasaki, manager of the that time there was no mention 0.5.K. He would not say there to the effect that the lease was If it had been then the was no rule of law that wuold pre- sent one from describing a lessee $1,000 could not have been recover as the manager of a certain firm, but he would put it to his Lordship, Referring to another letter, which and leave it to his experieure to accompanied the cheque for decide, that it was most unusual Mr. Potter said they were calling merely as a matter of description upon the plaintiffs to do repairs by to add to the name of a person virtue of the terms of the lease oh a lense, that he was, the manager under which the promises were held. If it had been a monthly of any particular firm.
By reason of that his Lordship tenancy they would not have made hud at the outset a striking point such a request, as they, could have that Mr. Yamasaki was described | left.
as the manager of the O.S.K., and that would have an important bear ing on a submission he would make That submission would, be that even if Mr. Yamasaki was contract
ed.
His Lordship: Why aure you
titut i
Witness: We left because were told by the plaintiffs that we were monthly to beats, wid because they would no do repairs
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ISAKO CIRCUS.
NIGHTLY PERFORMANCE DRAWS GOOD HOUSE.
His Lordship: If you thought the agreement was effective why did not stay on!
CHINA SUGAR REFINING CO.
ANNUAL REPORT,
The report of the China Sagar Refining Co, Ltd., which will be piegented to the shareholders at the 49th annual general meeting of
Witness: Ah! We were looking SMART PONIES AND BALLET the Company to be held on Tues
for another house. (Laughter.)
His Lordship: According to what you say the contract is that you were there for three years more, and now you have moved away. The tenant must not move away,
No Mention Of Repairs
GIRLS.
day, June 7th, is now being cir- culated.
The figures showing the result It is not very often that a cireus of the past year a "working have continues to draw a good attend already been published. The nett ance after a prolonged stay, but the loss of the year's working amount- Isako Circus playing at Hunghomed to 20,832.19 after providing for is still one of the most popular of depreciation on the usual scale and the Colony's places of amusement, payment of interest and all other and this is their second visit within charges The balance at debit of profit and loss account thug stands quite a short time,
at $1,532,705.05 after bringing for- Last night's performance was. of ward the debit of $1,503,955.80 from a very high standard, and the muay the previous year. spectators spent a very enjoyable The present Committee consists of evening,"
Mr. H. P. White, Bir Robert Ho The pony Sourabaja" with his Tung, and Mr L. Davies, who The dying acts by the four Arkos Intest dances was a delight to see. offer theirselves for re-election,
The necounts were audited by brothers--Kings of the Air-were Messrs. Lowe, Bingham & Matthews
•
Mr. Jenkin pointed out that on the agreed correspondence there Mr. Potter went on to say that was no question of repairs for a the plaintiffs gave the defendants matter of 19 months. No complaint notice to quit, and followed that up was dodged by defendanty on this with a letter informing them of an utter for at least 18 months be increase of rent from $750 to 8902 ford they left. There was a dispute ing as the lecsee, he was doing so on per month, From the answer it as to repairs prior to that time, behalf of the O.S.K, so that in wild beisen, that the defendants and the matter was referred to thrillingly carried out. The ten and Messrs. Percy Smith, Beth & fact they were the real principles. took up a definite position, and it Messrs. Leigh and Orange to make
be given to prevent the exercising of the right to increase the rent by 15 per cent.
a report, which they did, and under this report defendants had to bear part of the cost of repairs. Nothing more was said about repairs, and the matter was dropped.
His Lordship would note that at was the only answer which could the end of the lease it was signed in the first instance for Mr. Yamn- saki by an attorney, but that had been struck out, and instead of that The letter was to the effect that execution there had been an execa- as they had the right to continue
After further evidence, the Court tion by the defendants themselves, the lense for a further term of three adjourned until this morning. The who were, of course, described as years at the same rent, they were ense is expected to conclude this Деевеем.
unable to accept the increase. The afternoon.
dainty and graceful ballet, girls Fleming, Incorporated were well received and their toe ants.
dancing was excellent.
Account-
The incorrigibld trio — Franz, HOSPITAL COMFORTS. Ferry and. Koko-provoked endless laughter from all parts of the house.
The Committee bags to acknow- Three matinees are given weekly ledge with very many thanks the -Wednesday, Saturday and Sundag | receipt of parcela of magazines from and children are treated to a good Mrs. A. R. Sutherland, Mrs. R. show at half price.
Dunlop, Mrs. H. Richardson, Mrs. There will be a complete change. 8. Duckworth, and Mrs. A. of programme on Saturday.
Morris. 1