10
"THE HONGKONG TELEGRAPH. THURSDAY, NOVEMBER 7, 1929.
An Electric Refrigerator that will not Interfere with
your Radio reception.
A small
down payment brings it to
your home"
More than 350,000 Owners and
וי
not one has spent a CENT on repairs
GENERAL ELECTRIC ALL-STEEL REFRIGERATOR
Every General Electric Refrigerator is hermetically sealed
On view at
Hongkong Electric Co., Ltd., Wu: C. Jack & Co., Ltd., General Electric Co. (Chinas, Ltd.
ANDERSEN, MEYER & CO., LTD. David House
It's
BETTER
CAPSTAN (HAVY CUT)
to buy
CAPSTAN
CIGARETTES
This advertisement in sekund by the ierusb-Amerika Tobacco Con (China) Lid EB-937
WAHL
EVERSHARP
AROUND THE WORLD
PICTURESQUE Holland has given i whole-hearted welcome to the Eversharp pen and pencil. Wher cyer people write, in any part of theworld, thereyous villand Ever- sharp pens and pencils making the task a pleasant one, Gliding smoothly over the paper, neither the pen nor the pencil asks for any of your attention. Eversharp pensand pencilsleave youfres to think.Ther help you to write. Afeatureofthepen ell is the convenient lead-chomber. At a turn of the cap, fresh leads are at hand.
ON SALE. EVERYWHERE
Agents
́N. S. MOSES & Co, Ltd.
༽་
SALE OF A LORRY.
FAILURE TO PULL LOAD
UP STUBOS ROAD.
The alleged failure of a motor. lorry to haul a load of two tons up Stubbs Road to Barkor Road ro- sulted in an action being heard be fore the Pulsne Judge (Mr. Justice Wood) in the Summary Court yes- terday afternoon. The parties were the Tai Yau Motor Company, No. 2, Whitfield' Road, Causeway Bay (plaintiffs) and the Yuen Tai firm, building contractors, No. 37. Wing Lok Street, second flour (de fendants)....
Plaintiff's claimed that defen- dants had agreed to purchase the lorry, which was delivered on May 22, but that defendants failed to take delivery after paying 3200 do posit. The agreed price of $1,150, minus the deposit, left the amount claimed, $950.
a counterclaim, defendants said it was a condition of the con tract that the lorry should be in good running order, capable of carrying a load of two tons. When delivery was made the lorry was not capable of carrying that weight and it was returned on the following day for repairs to be effected to make it full the terms of the contract. On May 31, de- fendants gave notice to "plaintiffs In writing that the lorry must be delivered within three days in proper order, failing, which defen- dants would purchase another vehicle and hold plaintiffs respon- sible for damages. The counter- claim continued that delivery was dot made and on June 4 defendants contracted with Wallace Harper and Co. Ltd., to purchase a new truck at the price of $1,450. De fendanta denied they were liable on the claim, and asked for the re turn of $200 deposit, together with 8300 damages for breach of the contract, and costs.
Mr. A. E. Hall was for the plaintiff, and Mr. D. L. Strellett
defended.
Tested by Police.
Cheng Yu, proprietor of the plaintiff firm, said the lorry was second-hand and when it was de- livered it was in good running order and was capable of carrying a load of two tons. He continued that the day before he delivered it to defendants, it was tested by a police officer who issued a licence. Défendant's representative also tested the lorry and signed a paper to the effect that he was satisfied.
Plaintiff continued that on May 23 a man employed by defendants took the lorry away but brought it back in the evening saying that something was wrong with it. Plaintiff examined it next day and found two loose nuts which ho tightened. In spite of repeated re- quests, however, he could not get defendants to take delivery.
SOVIET "BIRTHDAY.”
HARRIN FEARS UPRISING BY COMMUNISTS,
Tokyo, Nov. 6. A message from Harbin says martial law has been proclaimed in Harbin district is a precaution against a rumoured Communist uprising planned for November 7, which a the anniversary of the Soviet revolution--Reuter.
Canton Apprehensive?
Canton, Nov. 6. General Chan Chai-tong has cabled to General Li Yang-king to of troops of the prepare a body Canton garrison, including machine- gun companies, in all about eight thousand strong, in conjunction with the
Garrison Commander, General Lam Shi-ching and Chief of Police, General Auyang Ku.
carry
Their duty is tó patrol the city with armoured cars and to examina all people for permits to firearms. The garrison troops will be responsible for the large main roads, such as Wai O and Wing Hon Maloos.
The Police bureau will examine all hotels and clubs to see that no
in hiding. bad characters are Canton News Agency.
GUATEMALA QUAKE,
THREE HUNDRED PEOPLE KILLED IS ESTIMATE,
Guatemala City, Nov. 6. It is now estimated that 800 people have perished in the Santa Maria cruption-Renter's Ameri- can Service.
torry was all the time in possession of plaintiff's driver.
Hla Lordship remarked he be lieved plaintiff when he said that delivery was effected by defen- dants' driver taking the lorry away, Continuing, his Lordship said he thought there had been a breach of warranty. The purchaser could have put the lorry to any tests he wanted but once having taken de livery he could only sue for dam ages. The lorry was, in his Lord- ship's view, the property of de fendants, although it was now in the hands of plaintiffs. Defendants: could take the lorry over to-morrow or maintain a suit for damages up to the extinction of the price if possible, for breach of warranty. Judge Suggests Settlement.
1
. His Lordship suggested that he put the case in his list for Satur- day next and if the parties had not agreed then he would write judgment on the evidence heard. He suggested that the lorry could be sold and if it was bought for $800 then $200 would belong to de- fendants and $600 to plaintiff. Each party could pay their own costs. On the other hand, plain- tiff's could hand back the $200 de- posit and keep or sell the lorry for Tang Yee, manager of defendant what it was worth. Defendants firm, said his driver did not test could not. sustain a claim for dam- ages on their present grourids be- the lorry and it was not tested by anyone else. He also denied sign-cause they owned the lorry. His ing the paper, written in English, Lordship said he thought a solu
Replying to Mr. Strellett, plain- tiff said he could take the lorry up to Barker Road with a load of two
tons.
Christmas Gifts
HOME MAIL CIOSES NOVEMBER sih.
CHOOSE FROM THIS LIST.
FOR LADIES
SHAWLS, COATS,
HOUR! COATS, PERSIAN KIMONOS
PYJAMA SUITS,"
. EMBROIDERED UNDIES, PRINTED SCARVES, CRYSTAL — IVORY – JADE,
#
FOR GENTLEMEN
Ts, SHIRTS, BATH GOWNS, FANCY HANKER--
PYJAMA
CHIEFS, CIGARETTE CASES. And Many Other Novelles.
GIFTS FOR THE WHOLE FAMILY.
AT-
ir
D. CHELLARAM
(Right Opposite the Hongkong Hotel,)'"
IS IT
REALLY RUNNING?
That's the question
every woman asks the first time she sees the
New Silent Kelvinator
$%
O SILENT is the new 1929 Kalvinator that oven whea standing close by, "you cannot detest whether the mechanism is runnlag. Scores of women who have inspected the new unit are delighted with its smooth, ellent performance.
THE
Call and make the test yourself. Then note the other' advanced features of the Now, Biles! Kelvinator, including the flexible rubber tray for Instant removal of ice cubes, automatic cold-keeper, and artistle; sturdy cabinets.
RELI A BLE
KELVINATOR
which expressed sutisfaction at the tion on those lines was in the in- Agents-REISS, MASSEY & Co., Ltd.
EXCHANGE BUILDING,
Tel. C. 673.
test alleged by plaintiff Defen- if they could not agree then he terests of both parties. However, dant said he could, not read Eng- would give a written judgment. lish and plaintiff, showed him the The case was accordingly put paper, saying he would not deliver into his Lordship's list for Satur- the lorry if he (defendant) did not day next, when the solicitors con- sign. He received the lorry with cerned will indluate whether judg-WHITEAWAY, LAIDLAW & CO., LTD.
out any test.
Breakdown on Hill.
Tam Ling said that he saw the lory tested by plaintiff's driver on Tang Yeo's "instructions. A first trip was made empty but about a ton of sand was put on board for a second trip. This had to bel taken up Stubbs Road to Barker' Ind which defendant firm was widening a contractors to the Gov- ernment. Half-way up Stubbs Road the lorry broke down with magneto trouble and after that had heen rectified it would not restart. The and was tipped out on to the side of the road and the lorry was taken back down the hill to be re- paired. Witness stated that the driver was plaintiff's employes.
His Lordship said that on the general question of credit plain- tiff was to be believed. His Lord- ship added he thought delivery was mile to defendants." After de- livery they tested the lorry, found It wanting and returned it for re- pairs,
Mr. Strellett pointed out that it was a question of power and that no repairs would make the lorry sufficiently powerful to carry two tons if it failed to carry one. Therefore it could not fulfil the con- ditions of the contract. Plaintiff knew the vehicle was required to carry two ton leads to Barker Road but he had supplied a lorry which had not the power to carry out that requirement. Defendants could not therefore, be expected to accept something different from what they had bought. The lorry did not and could not fulfil the conditions of the contract.
His Lordship pointed out fis view was that defendants accepted the lorry,
Mr. Strellett replied if that was so then they took the first. oppor tunity of rejecting it. It could not be said that one must make the best of a vehicle which did not fulfill re- quirements specifically made. Mr. Strellett further argued on the question of delivery, that defen- danta did not take delivery as the
ment from the Court is required or not.
Drive a Trusty TRIUMPH"
the Motor that never fails you
SHIPBUILDERS,
SHIP REPAIRERS,
BOILER MAKERS,
FORGE MASTERS,
OXY-ACETYLENE AND
ELECTRIC WELDERS,
MECHANICAL AND
ELECTRICAL
Now Being Exhibited at-
FURNISHING DEPARTMENT.
AND AT
THE HONGKONG ELECTRIC CO.
SHOWROOM.
-DRY DOCK-
Length 787, Feat.
Length on Blocks 750 Feet.
Depth on Centre of
THE TAIKOO DOCKYARD & ENGINEERING COMPANY
OF HONGKONG, LIMITED.
SALVAGE TUQ “TAIKOO”
"Wireless Caff
Y.P.8.M. 800 Wažará.
ENGINEERS.
Tel. Address:“ TAIKOODOCK ”. Hongkong. Telephons No. 212 Central.
Call Flag: "C" ever *+ AND, PENNANT.”
- SI(H.W.0.S.T.) 34 ft. 8 ins.
-THREE SLIPWAYS- Capable of Handling Ships up
3,000 Tons displacement. Eleotrio Crane at Sea Wall, Capable of
Lifting 100 Tons at
at 70 Fest Radius.
BUTTERFIELD & SWIRE,
Agents HONGKONG," CHINA & JAPAN.
Page 10Page 11