SILVER
WARE.
HONG KONG DAILY PRESS, SATURDAY, DECEMBER 17. 1992.
"Come right in
says
SANTA CLAUS
**and choose all your Christ- mas gifts from the wonderful display I have arranged at
WING ON'S"
"Here are dolls and toys
for girls and boys,
Jewellery and 'pretties'
for sweetheart and wife,
Pipes and tobacco
TOY & DOLLS.
for daddy."
FINE DISPLAY OF
CHRISTMAS NOVELTIES,
CRACKERS, CONFECTIONERY,
CHOCOLATES
ETC.
AMERIGAN FRUIT,
WINES, and
SPIRITS, PROVISIONS.
The WING ON CO., Ltd.
SALE OF AUBURN CAR
CLAIM AND COUNTER CLAIM SUCCEED
JUDGMENT DELIVERED BY
PUISNE JUDOA
FANCY DRESS CARNIVAL
ST. ANDREW'S CLUB HOLD:|
"SUCCESSFUL FUNCTION
St. Andrew's Club held its "sang- al Fancy Dress Carnival At St. Audrow Church Hall-last-night, ' when a large-gathering of merry-- dancers, adorned in various styles? The claim by the Asiatic Mator of fancy dress, danced, played Car Company against Mr. A. Sangames, and made the function ita. der and the counter claim by Mr.usual success. | Bander against the plaintiff all arising out of the sale of an Au burn motor car, were both dealt with by the Puise Judge (Mr. Justice Wood) yesterday when ho gave judgment in the case.
His Lordship said: The plain- Liffs on April 30, 1932, sold a motor car to the defendant The sale was at a prics reached after bar gaining between the parties. The price agreed upon was 85,000. Of this sum 84,000 was paid before the prosent, hearing. The plaintiffs are here for the balance of the price 81,000. The plaintiffs' claim has been admitted...
The defendant has counter-claim- ed for damages for breach of war. ranty. The parties have come to trial upon the counterclaim.
The fall was gaily decorated with streamers and flowers, and the Melody Makers, music was provided by Mickey's
goods at the time of delivery to the buyer and the value they would have had if they had answered to a warranty." No additional dam ages have been suggested,
In applying this principle I fad no guidance from the price actual- ly paid for the article here sold.
Effect of the New Hodel,
Exidence has been given that on the introduction of a new annual model into the market, the market value of the previous model is rec The plaintiffs are agents for the koned in the motor trade to fall Auburn Automobile Company of by 10 per cent. The now 1932"| America, Throughout the negotia model of the manufacture under. tions for sale one car only a consideration arrived in the local, specific article was under consi- market on April 16, 1932. It seems deration. It was offered for sale therefore to me in assessing com- on the 18th April and the bargain parative values as upon the April, was finally closed upon April 30, 1962, reasonable to reduce the 30, when the car was sold. The original value of the earlier model car was BIL Auburn Automobile, by 10 per cent. Company's "Custom Sedan " car (1831 model).
Verbal Warranty.
The first warranty- warranty of quality on which the defendant') rolies, was verbal. Before the bar- gain was, closed the defendant ask ed the plaintiffs' saleman (one The Tin Yau) in English "Is this the latest model. The salesman, re- plied "Yea" On the faith of this assurance the defendant decided to buy the car.
"The Latest Mode},"
It has been submitted that even if this conversation took place there has been here no misrepresentation
Taking the list prices of the two care (with their extra equipment); that is G81,558.00 for the 1939 modal and G81,506.30 for the 1831 model,-reducing the amount in the case of the earlier car by 10 per ceft, doing a substraction sum, and converting the difference from American to local currency at the rate of exchange prevailing upon the date of the sale (namely 29- 5/8), I assess damages under this head at $887 and adjudge that the defendant is entitled to recover this sum on his counterclaim
Perfect Running Condition.
As
The second warranty relied upon of quality because the. Auburn Auby the defendant was to the effect" tomobile Company have reproduced that the car was in perfect run- their Custom Sedan car (1931) ning condition and without any model), as their Standard car defects." This warranty was given (1939 model). The representation verbally at the time of the sale, was therefore (it is submitted) true was reduced to writing two days ia substance and in fact. I do not later and was then confirmed. As B6capt this contention. The car damages for the alleged breach of sold was in fact ear which left this warranty the defendant claims the Auburn Automobile Company's to recover the cost of a re-align- factory as a "1031" car. In the ment of the front wheels by the plaintiffs bill. dated May and pre. Getz Motor Service Station of sented to the defendant the car was July 11 and also the cost of re described is "Custom Sedan." grinding valves by the Man Lee The representation was, in my Company upon October al opinion, to the effect that the car to the first item evidence has, been sold was the latest model in the given that this work is a normal market of the Auburn Custom adjustment in a new car and is Sedan" car. The latest model of indeed a recurring necessity, Aa to this type was the 1632" model. the second item the car. In July The plaintiffs sold such a car in passed through the Nands of the the Colony between April 15 Getz Motor Service Station, the and April 28
manager of that firm being an effi- cient motor engineer, without ad vice being given to remedy any defect in the valves. I find there- fore that the evidence has shown no breach of this second warranty,
Both claim and counterclaim succeed.
The defendant, evidently knew very little about ears.. His only anxiety was to obtain the most up to date car of its type.
Breach of Warranty.
It is not necessary to find that the warranty was a falsehood on I give judgment for the plain- the part of the plaintiff's agent; tiff company for the claim of but I think it was clearly false to $1,000, and for the defendant: com- his knowledge. The car is not of pany upon the counterclaim for the the quality that it was represented sum of $587.
to be. The plaintiff company is, in The defendant will pay all costs breach of its warranty. The so- to be properly allotted to the claim propriate measure of damages for, and the plaintiff company. will pay this breach is the difference between all other costa.
the value of the article sold with On the application of Mr. the defect warranted against and Rendell, solicitor for the Asiatici the value which it would have borne Motor Car Company, a stay of without that defect, or to use the seven days was allowed by the language of the Ordinance The Court, Mr. Kendall intimating that difference between the raine of the he would like to in
(Continued on nexă Oolumn.)
tion of costa
GIVE HER CHOCOLATES
Kunzle, Terry's, Rowntree's
Gold Standard Quality.
The exceptional qual ity of "Atlas"-Shirts- Is the Gold Standard of Merchandise, re- cognized in every -country of the world as the best that skill and fine materials can produce. Even in times of depression. they have never gone off this Gold Standard. They have always readjusted prices consistent with value, but at no time have they weakened their established prestige for quality.
Through good service and absolute realiability we have gained the complete confidence of a valued clientele. "Atlas" Shirts have given their full quota in establishing our reputation.
This season's "Atlas" Shirts are better than ever, whether your requirements are for Day, Even- ing or Sports Wear you will find them at the lowest price consistent with quality.,
Day Shirts (with two collars) from 88.75 Dress
Sports „
Sole Agents
4:75
W. POWELL, Ltd
Rowntree's famous "Century" chocolates are only obtainable in Lane, Crawford's (Grocery Dept.) they are known as the chocolates with perfect and distinguishable flavour.
ASSORTED MARZIPANS & FRUIT JELLIES from $3.50 per 2 lb. box. ACK-APRICOTS AND PINEAPPLE
ORYSTALISED STRAWBERRIES 140
Gentlemen's House
Queen's Road Central-Ice House, Street Corner
OB 408 CUBAN LOVE SONG
RECORD
Columbia RECORDS
OB 402-ELEVEN MORE MONTHS CB 394-A FADED SUMMER LOVE CB 411-LIES
UB 416 HE PLAYED HIS UKULELE UB 419-ALL OF ME ...
The Anderson Music Co., Ltd.
Ice House Street.
Tel. 21922.
ST. FRANCIS HOTEL Moderate Monthly and Daily Rates
Restaurant
and.
Extensive Refreshment Lounges
Telephone: 26684 & 20635 Cable FRANHO.
Manager
FINEST TUNIS DATES
PULLED FIGS.-
rice list now
reductions in price.
LANE CRAWFORD, LTD.
ALL DEPARTMENTS WILL REMAIN OPEN UNTIL