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THE HONGKONG TELEGRAPH.
AUCTIONEERS SUED.
Sale of Motor Boat.
Tha well-known fum માં |ductioneers, Messrs Lammert Bros., of Dudkali Street, ware the defen dante ip an action brought by Mr. Lee Nagel, of Morrison Bi road, therebant, before Mr. Justice | J. B. Wood in the Summary Couri, yesterday afternova. The plain- lið's claim was for 3535, of which $425 was for money received by the defandanta as agents for the plainit and $108 money expended by the platajiff for the care of the motor boat 'Dai Lee." Alter- natively, the plaiatid claimed! $358 for negligence:
Mr. Watson for Messrs. Johnston, Stokes and Masters), represented the plaintiff and Mr. A. A. Crew ol Meats. Hastings and Hastingų) appeared on behalf of the delen | dable.
Mr. Watson, outlining the pizio- tiff's case, explained that the action arose over the sale of the] motor bást, Dat Lee," which be
The boat! longed to the plaintıd. was sold on the 21st July, 1920, for $425 but delivery had not been taken by the purchaser. it was atill lying in Causeway Bay and was now practically a wreck. It had been there now for a whole year.
The Juice At the time of the sale, was the boat in the pleinnd's custody?
Mr. Watson In the defendants' feustody.
Mr. Crew We ever had possta- sien of it.
The Judge: Who employed the [cretaker?
Mr. Watson: The plaint. The Judee: W-11 then the
boat
have been 10 the custody of the plaintiff.
Mr. Watson Plaintit deliver
ed the boat to defonductesbout a! week before the
The Judge
taken away.
le
He took his care
Mr. Water there ever อาร.
Na, he has keen site and is thers
Mr Crea We have dever? had delivery. A4 3 matter fact Mr. Lamont баз Dever seen the best.
ارد
Mr. Watson, proceeding, said the bost was put up for sale by pubile antino on July 21st last year and was pricebased by a Mr. Wetton,
The Judge: Did he ever take delivery:
Mr. Watson: No, my lord. The lodge Dd be pav.
Mr. Warson: Yes, but the order
he gas for the aust was never irated.
Me. Watson explaced that Mr. Wettua Xave 犀 compradore's order. It was never cashed and at the end of the bathing season be refused to take the boat.
Mr. Crew said perhaps it would belp if be explained bia defence. The bast was sold on the 21st and oaithe 22ad the auctioneera re ceived a compradore's orde; Before this was ca-bed, however, a comi- munication Was Treeived to the effect that the boat was not as
Bad Mr. Wettoo was further cum-
about it was that Mr. Wertoo bad
Mr. Watton.
-and
TUESDAY, JULY 26. 1921..
the blend can't
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They Satisfy
LIGGETT & MYERS TOBACCO CO.
Cross-examined. He purchased on the strength off
bing the plaintiff heard about for auction an advertisement was far as he knew, did not receive a An auctioneer was only an agent.
be should that
go inserted in the newspapers bid. He admitted Mr. Lammert{
them to take delivery.
between
the
witness
warranted. Mr. Lammert, get into understood the order had been going on for a long time he accom touch with Mr. Nagel nad told bimost, and had only been found that panied Mr. Lammert to bis (plain
the statement in the advertisement said that although the advertise- that the bost was not as guaranteed day. The way in which the whole tiff, solicitors, Mesara, Jaboston, that the engine was unmounted ment stated the boat could be Palatif said be bad the spare parts thing bad been managed from Stokee and Masters. It was then, but is good working order. Mr iewed, so far as he knew the municated with. The next besid beginning to end, smounted. Mr. for the first time, he heard the pur. Lammert would say that one bid of purchaser did not inspect it before
Watson alleged, to negligence.
chaser's name.
$10 was made by a Chinese at the the sale.
He then notified the Mr. Lee Nagel, the plaintiff, la cross-examination, the plain. antion.
During the course of a legal ar had the host inspected by experts giving evidence, said he originally if said that for eight months public the reserve price of $100 gument, the Judge intimated tha and, to put it quite plainly and purchased the motor boat Dat alter the sale be was pressing and Mr. Wetton rather foolishly be bald the opinion that the adver familiar language, it was declared Lee from Messrs. Lammert for Messrs Lemmers to commence purchased it. When he viewed his tirement amounted to a guarantee.
Mr. Watson: to be a dud. Mr.Wetton refused $25 Tbia sa shout 14 months legal proceedings against the pur prize it did not come up to expecta
The important to take the boat. Mr. Crew's con before be instructed them to sell it baser. As acthing was done, histions and from that moment he was port is this: that the sale having rentica was that it was up to again. At that time he contem-
patience was exhausted and he out to get away from his contract. Igens through and the auctioneers Nagel to say what steps should be pisted building a fleet of motor took Mr. Lammert to Messrs John. Mr. Lammert pressed Wetion to having received an order, it was taken to take action again banta.
The boat was in thoroughston, Stokes and Masters. Hetaka delivery and eventually put negligence on their part not to ruaning condition sad the engine understood that in September the the bost up for sale again. His cash the order. Mr. Watson end that
The Judge: If it is an enforci- AST PILLS odbiter the from the plaintiff to sus lction.bia sale
after in perfect working order. About sauctioneers put up the bost for the clients received an instructiona
It is not a ques- Mr. Welson: Mr. Watson, intimated in reply tion for the auctioneer whether the and show the purebaser the boat.nouncing the rain. There was 80 was constantly pressing Wetton to the Judge, who said he was sale is enforcible or not. The following Saturday July 24b) understanding
atisfied the auctioneers had pot The Judge: If it is not an en- was provisionally fixed, but Mr. then that the boat was turned Mr. Crew: Is your only complaint received the $125, that he would forcible aale, the plaintiff bas no Nagel found be could not get away over to the auctioneera and that he did not cash the com- base his claim on the ground of right to the money.
Mr. Crew: If there is po negligence in not cashing the com- and telephoned Mr. Lammert. The tha Istter put their Bag upon pradore's order!
contract the case latter replied that Mr. Watton had it.
two pradore's order and in failing to enforcible Ele did not withdraw his Plaintiff No, there are gone down to look at the boat. At men from the boat. The day after complaints I make, and i make ane the purchaser and compel him finishes. On the other hand, if there was, I say it does not matter fast time no mention was made of the auction the auctioneers inform-them forcibly-that he should to take delivery, the letter the auctioneers hadled him of the sale but did not have cashed the compradore's order Mr. Crew said the plaintiff was whether it is enforcible or not. received that the host was not in state the name of the purchaser. when it came in, in the interests not suggesting that the defendants The damages do not lie against my good order. When plaintiff called on He had arranged with Mr. Lam- of his client, and in the did anything improper. In fact clients. Mr. Lammert, the latter informed mert to go down on the following second place that if a man bugs he had admitted, almost from the The Judge intimated that in bis bio the magneto was miss Saturday with the purchaser but thing he abould be compelled to very commencement, that the pur opinion the contract was not en- PAPERS.ing. Mr. Nagel explained that later found he was unable to do so. take it. I believe that is the law chaser was to blams. The duty of forcible.
After further legal argument, the magnetu had been taken out The following Monday (July 26th) in England as it is in my own an auctioneer was not to give in order to preserve it.
Mr. Mr. Lacomert informed bim country-America.
delivery except for cash. It was the case was adjourned until Thurs Watson mentioned that the boat that the purchaser was trying In re-examination, the plaintiff true they received a compradore's day in order to enable plaintiff's bad been used up to the date of the to
bub within about back
word stated the boat was on tiaw be order
12 solicitor to look up decided cases on sale and was in good running order. and that he did not wish to take the fore the sale and any would-be hours a letter was written them the questions of warranty and en defendanta and received repeated the magneto was For oaths the plaintiff worried boat. He (the purchaser) had found purchaser could have inspected complaining that the engine was forcible contract, the costs of the not in running order. There was adjournment to be paid by plain-- assurances that they would take up plaintiff told Mr. Lammert be coulà This was the plaintiff casa. not the slightest negligence intiffs. the matter with their solicitors sad have that. In the course of further | Mr. Craw submitted that the taking a compradora's order, Mr. the purchaser to take conversation, Mr. Lammert assured plaintiff had made one fatal error. Grew added that Messrs. Lammert
DR. DEWEY. delivery. All this time the boat was him the purchaser would have to He admitted he had a grievance but were never in a position to hand
According to the vernacular lying at Causeway Bay under the take the boat and that he would it was not against Mesars Lammert over because they never had pos- flag of the auctioneers. Mr. Watson rea
press, Dr. John Dewey, professor There session. about it, but against the purchaser. {argued that it was the duty of the Mr. Lammert admitted he had was no law by which an auctioneer Mr. L. E. Lammert gave of education in Columbia Un-". auctioneer to give delivery. No-received A compradore's order could be compelled, unless evidence of the sale and subsequent iversity, who has for the past one else could do so, because Mr. and added
Wetton told him year been lectoring in Peking I suitably suppose
indemnified, to aue negotiations.
APICL & STEEL
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SAVARESSES
SANTAL". CAPSULES
PHETICIAN
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Was
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bia solicitors
"1
GO
bis
not there but it.
Nagel had not been told who ought to have esabed it but it■. party who bought from that he had bad an expert to view University, left Poking for the purchaser. It was won't make any difference, be him. In this case what hap the bost and that it was of no use. Tsinan, where he will deliver a also the duty of the auctioneer to cause he will have to take it, any paned was perfectly clear. Mr.He pressed bim to take delivery faw get the order cashed. In fact, bal way." After the matter had been Welton bought without inspection. but be refused.
lectures before going to Shanghai on his way to America.