1933-09-15 — Page 12

12

MALAYAN CHAMPION'S SUCCESS

due to

PHOSFERINE

PROFESSIONAL FEATHER, AND LIGHTWEIGHT CHAMPION

Y. 4. SONG writes -----

INCE the commencement of my career

Shoessional Boxes I have tried

many different tonics but results were disappointing. However, was eventually advised by my Manager, Mr. Tan Ngee Yong, to try Phosferine, and I can testify that It has been of the greatest, benefit to my training, and I recommend it to all. engaged in athletic pursuits, in fact I HONESTLY ATTRIBUTE MY SUCCESS TO THIS WONDERFUL PHOSFERINE."

Y. C. Song, Penang.

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Made in Liquid and Tablets, each sold in 3 sinest

the larger sizes are the mure

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Headache

Sciatica

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Hong Kong Weekly Press

Colony's Water Supply

Yellow River in Flood

Reds Defeated in Fukien

The Bowls Championship

and

Other Interesting Features.

THE PAPER WITH THE YELLOW COVER..

Price :-30 Cents

Annual Subscription: Hong Kong, 813; Post Free to any address, $18; Quarterly Subscription, $4.50.

the

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PERFECT SECRETARY "

TO MARRY Bridegroom A Blue Funnel

Officer

LTD.

11, IOE HOUSE STERET.

THE ROUS PLATE

HONG KONG DAILY PRESS, FRIDAY, SEPTEMBER 15, 1933.

JUDGMENT ON PIECE

GOODS CLAIM

NO JUSTIFICATION FOR REPUDIAT- ING CONTRACT

Claim For Compensation Allowed

The Acting Chief Justice, Mr. J. R. Wood,, delivered á reserved judgment yesterday in the claim by David Sassion & Co., Ltd. against the Yan On Firm for breach of contract.

The Yan On Eirm, of 29, Jervois Street, were sued for $1,919.76 in respect of the difference between the contract. price and the amount obtained at the "auction of the goods which they had refused to accept. There had been a dispute with regard to the quality of the goods in ques tion as against samples.

their claim, but a Judgment was given Plaintiffs on counter claim for compensation was successful, $500 be- ing awarded defendants, and costs for that part of the proceedings.

The Chief Justice held that an attachment was ap plied for upon insufficient grounds in order to bring pressure on defendants,

Where The Defence Falled. Giving judgment His Lordship said:-

to

KOREAN RICE CROP

Average Yield Expected

HOME FOOTBALL WAR AGAINST

SURPRISE

THE REDS

Arsenal Lose To West Kiangsi People Chary

Of Helping Troops

Bromwich

ENGLISH LEAGUE

London, Sept. 13.

Tokyo, Sept. 9.-It is now believ- ed that the rice crop in Korea will be normal this year. "Though it was once pedicted that the crop

The biggest surprise of the day would exceed 20,000,000 koku, it will be only a little over the actual was the defeat of the Arsenal at the hands of West Bromwich who crop last year Le. 16,400,000 koku.

are occupying the bottom place The farm area this year saw an

of about 50,000 chobu in the league tables. Results of increase (tan equals 245 acres), but owing the matches as cabled by Reuter

follow:- to the flood damage in the south- ern part of the peninsula during June and July, over 200,000 chobu the was completely lost. From latter part of July to early August, to make the situation worse, many disricts had too much rain, which affected the growth to no small extent. Insect damage is also re- ported in some localities.

Weather Still A Factor

DIVISION 1.. Chelsea

2 Huddersfield West Bromwich 1 Arsenal

DIVISION 2.

1

2 "Lincoln C. DIVISION 3 (South.)

2 Luton

Notts C.

Crystal P. Exeter

Airdrie Ayr U.

3 Brighton SCOTTISH LEAGUE.

2. Partick

2 St. Mirren

3 Third Lanark

6 Aberdeen

2 Kilmarnock

5 Queen O'Sth

.វា

1 Clyde

Motherwell

LEAGUE TABLES

In the circumstances, the hope Dundee that the crop might exceed Falkirk 20,000,000 koku has been frustrat- Hamilton ed, and it is now considered pro-Rangers per to predict a crop slightly St. Johnstone, larger than that of last year,,,when Hibernians it totalled 16,400,000 koku. With a seaceful 210-day (farmers' fate- ful day), it is confidently believed that the harvest will eventually be normal, if not better, though it de- pends largely on the future wea- ther conditions.

FIRST DIVISION.

.}

>

3

Goals. AW.L. D. F. A.Pts Tottenham

5 3 11.10 4 7 Huddersfield 53 11 11 77 Aston Vilia...... 5 3 2 0 11 9 6 Arsenal

5 2 2 1 7 5 8 Portsmouth 5 212 8 48 Stoke

5 2 1 2 68 6 Manchester C. 52 125 4.6 Blackburn .... 42 11 10 6 5 Leeds

4 2 11 10 6 5 5 2 2 1 11 8.5 Sunderland Ecfcenter

5 2 2 1 9 7 5 Sheffield U. ...... 5 2 2 1 8 9 5 Wolves

5 3 3 0 17 4 Wednesday

5 2 30 8 9 4 Everton

4.11 2 6 7 4 Newcastle

4.11 28 7.4 Liverpool

5 1 2 2 9 11 4 Birmingham 5 1 2 2 6 5.4 5 2 0.3 5 8 4 West Bromwich Derby

.......... 40 13 4 6 3 Chelsea

5 10 4 9 10 2 Middlesboro 4 1 3 0 3 12 2

Mr. H. G. Sheldon and Mr. Leo ages under these contracts suc-

Drought Damage in Japan ( instructed D'Almada Jun..

by ceeds.

The Department of Agriculture With reference, however, Messrs. Deacons Ltd., appeared för claimants, and Mr. D. McNeill, in-contracts Nos. 809 and 886, I find and Forestry has now made public structed by Messrs. Wilkinson and that the breach of contract by the the result of the investigatens defendants occurred on November into the damage to paddy rice Grist, represented. the defendants.

3, 1931. on which date they wrote Belds from the drought.

"According to the report, the to- a formal letter, declaring these contracts to be "null and vold." tal area of the rice (chobu equals The proper amount of damages about 2.45 acres), 20,307 chobu of under these two last contracts (in which being unable even to plant. The total the absence of agreement between It is equal to 6.6 per cent. of the the parties) must be referred to total plantation area.

The the Registrar for inquiry and re-loss is estimated at Y35,903,279.

Agricultural Department port.

authorities are now pushing on Where Claimants Win..

their relief scheme in accordance with the recent decision at a De- partmental meeting. They will sell the Government holding of rice to the farmers in the afflicted re- glons on the one hand and defray relief engineering fund for the as quickly as possible the $2,500,000 works on the other.

The letter, together with the Grimsby

loan Preston interest Y5,000,000 scheme, will require the approval Notts C

"This dispute arises out of Ave contracts for the sale of goods The plaintiffs are the sellers and the defendant firm are the buyers under these contracts. Among the defences to the claim are allega- tions of late shipment and of omis- sion to give proper notices of ar- rival. I do not find these allega tions established by the evidence.

A further defer.ce alleges that the goods tendered under the con- tract were inferior in quality to the samples upon which the con-

tracts were based.

This defence

somewhat

low

SECOND DIVISION.

Bradford

Fulham Brentford Hull Port Vale West Ham

I give judgment accordingly for the plaintiffs with the general costs of the action, and direct that a formal judgment be filed em bodying the amounts of damages mentioned above under .contracts Nos. 809 and 886, whether agreed applies to four only, out of the by the parties or assessed by the

Registrar.

"Owing to the fact that the re- fire, contracts. In my opinion this defence, in the circumstances dislations between these parties had

not become

embittered closed by the evidence, is available to the defendants to since the issue of this writ, the of the Finance Department. It is Southampton Justify either a repudiation of the Court has been asked to consiae: hoped that the whole arrangement Bolton contracts or a rejection of the evidence relating to the conduct of will be made within the month. goods tendered. By a clause of the the parties at different stages of contract any dispute regarding the events leading to this action. quality not settled amicably shall be referred to arbitrators to be give decisions on many questions appointed by the Hong Kong Gen-of fact raised. But I would like to eral Chamber of Commerce.....' say that where there has been a "A further defence advanced has conflict of evidence I have, in gen- been that each contract was for eral, given credit to the story told the sale of more than one case on behalf of the plaintiffs. of goods and that the present seems to me that perhaps issues

clearer, claim is in respect of one case only might have been under each contract, and, there-time might have been saved. if the fore, that the claim falls because original Statement of Claim had the contract does not require the been drawn by the learned Coun- buyers to take delivery by instal-sel who represented the plaintifs

at, the trial. ments. This defence also fails by. reason of the fact that the form of the contract clearly contem-. plates & delivery of angle cases thereunder,→

"It has not been necessary to

Compensation Claim.

It

COTTON IN MANCHURIA

A Conference On Promoting

· Its Growth

Millwall Flymouth Notts F. Burnley Blackpool Bury

Tokyo, Sept. 3.-The authorities concerned of the Japanese and and Manchukuo Governments have, so Lincoln far been cudgelling their brains to Oldham puzzle out how best to develop the Swansea quality and increase the amount Bradford C.

Goals

8. Klangsi, Aug. 20. The arrival of two numbers of the "North-China Herald," this inorning reminded me that you

two which arrived by the were still in business, but these

post are separated by over. month in publication. What has happened to the three issues be-

same

tween them we can not even guess.

The usual Klukiảng,.post road has been stopped for some time by the Reds being again active." and it has to be recorded that for some reason not known to 2 most of us, they were allowed to O remain there cutting the harvests of the farmers for over two weeks, without molestation. They were 2 eventually attacked and the way was opened, and some mail did

5 actually get through, but again 2❘ there 15 a stoppage somewhere

1 which we cannot explain..

0

2

P. W.L. D.F.A.Pts 5.4 1 0 15 4 8 5 4 1 0 12 8 8 5 40.1 104 8 5.3.1 1 10 6 7 5 3 2 0 12 11 6 5 3 2 0 12 10 6 53 2.0 8 8 6 5 2 1 2 10 8 8 5.212 8-7 6 5.3 2.0 9 6 6 6 2 2 1 16 13 5

5 2-2 1 5 5 51 22 10 12 4 5 1 2 2 4 6.4 5 2 3 0 8 9 4 5 230 87 4 513 1510 3 5113 3 $ 3 5 1 3 1 7 12 3 51 31 5 8 3 S1 3 1 8-10 3

of production of Manchurian cot-Manchester U... 5 0.3 2 3 12 2 tön. In accordance with this a THIRD DIVISION (South)

conference to discuss the cotton "I have now to deal with an ap- problem was arranged to be open plication made on behalf of the ed at the SMR. Co. officials' club Norwich defendants for compensation, un-in Mukden on September 3rd. Crystal P Part Played By The Guild. "In the course of the discussion der section 577 of the code of Civil under the joint auspices of the Exeter

Industrial Association | Charlton which arose, between the parties Procedure, in respect of an interim Oriental

defendants' and the Manchuria Economie Cardif

Aldershot upon these contracts it appears attachment of the

Piece Goods property." This application" was Affairs Guidance Society. that the Chinese

Some 60 prominent persons, Luton Guild conducted certain negotia-made at an early stage in the ac- tions with the plaintiffs in res- tion and was repeated at the open- both official and private, includ-Bournemouth

Swindon pect of the consignments under ing of the trial. The writ in the ing the representatives of the Bristol R

As I action was issued on January 21, Kwantung Army, Kwantung Gov- these and other contracts.

ernment, Manchukuo Government Queen's F.R.

Torquay understand these proceedings, the 1933, which date was four days in

Gillingham Guild acted as negotiators merely advance of the Chinese New Year and other industrial organs, were

invited. The following principal Clapton and without power to compromise Day under the old calendar.

Simultaneously with the issue items for discussion at the con- Reading any dispute which had arisen.

has of the writ an application was ference, were arranged:

Coventry the evidence "Moreover,

(1) Cotton cultivatión in Man- Brighton shown that the Guild at no time filled on behalf of the plaintiffs,

(2) Manchurian cotton southend churia. acted upon the instructions of the made under section 572 of the

"the world cotton mar4 | Watford defendant Arm. Certain arrange- Code of Civil Procedure and sup-and

ket. (3) Establishment of or- | Northampton ments were proposed which receiv-parted by the amdavits of the ed the approval of the plaiņties Compradore and of the Assistant-

cotton. (4) Mutual relation be Bristol C. and of the Chinese Piece Goods Compradore employed by the ans. for disposal of Manchurian Newport

and THIRD Guild. Some dealers adopted the plaintif Company, for an order

(5) Man- arrangements made. The defend for the attachment of six cases of tween cultivation of cotton ants did not do so. They are here goods on the defendants' premises spinning enterprise. sued upon their original contract. In the event of the defendants churian cotton and tarin issue. The claim has been framed with falling to find security, January (6) Cotton cultivation and agricul-

by 21 was a Saturday. The applicatural immigration, etc. deductions made voluntarily the plaintiffs which are parallel tion was made to Bir Joseph Kemp,... to those accepted in connection the former Chief Justice, who with other contracts for similar goods by other dealers.

· Defendants Llable in

DamageS, DENTA

" And that the defendants are liable in damages to the plaintiffs for failure to take delivery of the goods in. question..

Chesterfeld Barnsley Crewe Stockport

Tranmere

Goals P. W.L.D.F. A.Pts 541.0 155 9 8 3 2 1 10 6 8 640 2 12 9 8 5 3 1 1 12 7 7 53 11 9 8 7 5 20 3 8 3 7 63 12 18-11 7 5'3 20 13 10 8 ...... 5.3 2.0 118 6 5 2.12 7 5 6

......

53 2 0 7 7 6

16 2 2 1 9 15 5 5 2 2 1 9.11 5 52 219 6.5 62 21 7 9 5 5 2 3 0 14 10 4 61.1 4 7 14 3 5 13 14 10 3 5.14 0.711 2 5 0 3 2 5 11.2 50 3 2 49, 2. 50 41 4 17 1 DIVISION. (North)

Goals P.W.L.D.F.APts 5.4 0 1 13 49 54 1.0 17 7. 8 43 0 1 11 2 7 6.81 1 14 8·7 $3 1-1 128.7- 531157 5-9 1-1 8 6 7 ..... 52.12 -8.6 6

5.3 2.0 9 8 4. 5 2 2 18 85. 52 21 7 6 5 52 71.9 9'65) 52.30 65 4. 6132 12 19 4 5.1.2 2 10 11 4 .61 31 7 10 3 5.1 31 28 3 40:13.5 10 3 5:02 35 11 5.1 4 0 B 13 2 5032 6 13 2 40 31 2.11 1 SCOTTISH LEAGUE

granted the application, but at the elded to discharge the Warrant, 1 Hartlepools same time, directed that the at have no hesitation in finding that Accrington tachment of the goods should not the attachment was applied for Barrow be effected before the following upon insumcient grounds Without Halifax Monday, January 23. The ballin doubt the order was sought in or- Doncaster of the Court executed the order der to bring improper pressure to New Brighton during the forenoon of Monday. bear upon the defendants imme- Walsa The ball seized not merely the diately before the Chinese New Rochdale six cases of goods named in the Year. order but also a quantity of office

Improper Pressure

Gateshead "It remains to decide the cor

"In assessing the proper amount York of compensation, I must take into Chester rect measure of damages. It was furniture. "London, Sept. 14.

-account only the seizure, of the six Carlisle The Rous Plate was run to-day submitted for the defendants that

"A representative of the defen- cases of goods mentioned in the Southport and resulted in a win for Gras-they had repudiated these con- A tracts on different dates and that "mere (4/1)" by half-a-length.

the calculation of damages upon dant arm attended before the order of the Court and must dis- Mananeld short-head separated Woodhouse (8/11) and Bay Mark (8/1), who the differences between the con- Chief Justice at 12,30 pm on Mon- regard the seizure made without Wrexham (Special Air-Mall Service)

der to show why security should once furniture Rotherham were second and third respective-act prices and the prices obtain day and again at 4.30 p.m., in or due authority of the defendants Darlington

on January 18, 1933, at the auc- LONDON, Aug. 30. Miss E. Gordon Dunham, whom. Eight pontes faced the starter tion sale conducted upon the in- not be required from the defen award $500.00 compensation to structions of the plairians, was dants. After hearing evidence the the defendants on their applica- Chief Justice discharged the War- tion, and direct that the plainfir irregular. Mrs. Cecil Chesterton once describ: Reuter. ed as the perfect secretary," is to be married in London on Saturday

"On this submission damages rant which directed the attach- pay all the defendante legal costs 10 Mr. G HN. Phillips, son of

can only be assessed by ascertainment. The application for com- incurred in connection with this LuCmdr. Phillips and an engineer

ing the market price of each case pensation was then made for the attachment prior to the commence officer on the Blue Funnel boat In addition to being Mrs. Ches of goods on the date when the par first time and was adjourned "einement of the trialE KRAFORG tertan's private secretary Miss ticular breach of contract relating dle" costs being reserved. It must Further Erect that if the Mencluas,

The wedding will be the sequel to Dunham is assistant organiser of to it occurred. In this connection now be considered plaintins should proceed to ex romanor which began on the high Mrs. Chesterton's "Cecil Homes." I find that the plaintiffs have so After reading the amdavits sledilon upon their judgment her

Mr. Phillips St. Clement Danes Church and breach of contract under contracts tion for attachment, and also the last year when she sailed to China will be followed by a reception at Nos. 700 830 and 906, and notes of evidence recorded by the on the Menelaus with Mrs. Chester Mrs. Chesterton's Fleet-street flat that the claim as framed for damlearned Chief Justice when he de-

ton, before the two women made an adventurous trip up the Yangtes River in a native junk,

Miss Dunham medly to The wedding will take place at lected the proper date for the in connection with the applica- an allowance by way of

shall be made to the

plantitis under the above order. of the stums due to them from the

Not so long ago there was an accident some miles north of

A Wananhsten.

river steamer which had started from that city. stop. was met and ordered to Thinking to escape an attempt was made to rush past. Unfor tunately the place of attack was where the channel is on the Red side of the stream and as soon as speed was "up she ran on s sand bar. The cracking of rines attracted the attention of troops at Wanan and as soon 3.5 they arrived the looters. made

off having possessed. themselves of a good part of the cargo, plus a number of the people." Some who were in charge of the bost com- mitted suicide by drowning, and not a few were killed by shooting. The sequel came to light a few days ago... On that steamer there was a fair load of silver dollars. Strange there was no milltary escort with it, but it was the property of merchants, and prob- ably no one knew of it. It seems, however, that news was sent to. the Reds, who according to their usual obliging nature put in an appearance. The rifle shots forty attention U away attracted no this time, the whole thing having been arranged. The troops were to arrive shortly after the Reds had their share and to get what remained. But по 'one' would befteve such a story: good troops never do such things, but be that as it may, the merchants lost their cash and the boat was 'left only a skeleton.

..

Suppressing the Reds

"As reports reach us here or ate published in the local press the bandit suppression troops on the borders of Fukien and Kuangtung have succeeded in driving out the Invaders who have been there for a few years, and they seem to be continuing their victorious march north. It is slow and costly work. but there is no going back on the lob.

It all seems so very mysterious to the man in the street, but to those who have been right in it. it is so big a job that some wonder if it will ever end. The whole re- glon has been harassed in all sorts of ways for years and the people have had to fend for themselves as best they can, with no prospect to their of ever getting back homes. Many have been in Kan- chow and other cities. for four or more years. Thousands have beer killed, and thousands more have

parts.'/ other been taken off to while more thousands have been forced into the Red armies, both

men and women. Troops have cleared the Reds out and then have left the district to be retaken by them. with the result that all who helped the Government for- ces in any way have been execut- ed. Now they are very careful not to be too enthusiastic over the deliverance which is now being effected, fearing the withdrawal, and then the usual paying off of old scores. Troops of Red har vesters have been around this district, and wherever there were no troops to keep the harvesters safe all was taken by force to their centres.

The populace here fear a repeti tion of last year's high prices for rice, though why that should be, a specialist would be needed to decide. There are even now signs that it is surely coming. The har- vest this year has been extra good, and thanks to the eclent protec- 3tion this district has garnered" It all in safety,NC. Dally News."

Goals, PW.D.LFAPI 770014 2 14 6600 176/12 8511 310 10 312 2014-11 822 18 17 10 1 4 1 2 17 5 9 8413 23 24

Tontinued on-Pa

Hearts

Aberdeen „Bt." Johnstone' ..

Hibernians Airdrie, agent Partick Hamilton Clyde

83 2 1 18 8 a 7403 21 13.8: 7232 9 7 7 722 9 10 11 6

7.22 38 1138 $7 21:4 17.20 272/1-4:18 21- 71711 18 Cufen. O'sth. 7206929 4

603312153

Cowdenbea 6114 12 17 3 Faire Lanark

81118293

St Mirren, 8 0.3.5.83

"