1928-01-30 — Page 11

HOUSE-BUILDING-

DISPUTE.

(Continued from Page 1.)

by the defendant in consequence from the contract price.

Extra Work Agreements. The most important objection to the claim raised by the defence was the inability of the plaintiff to produce any written agreements signed by the parties for extra work as required under the third contract. Prima facic that de fault was conclusive, even though the works claimed for were in fact dono by the plaintiff. Although those written agreements were re quired by contract, however, his Lordship was satisfied from the evidence that the view taken of this requirement by the plaintiff, as well as the defendant, was effect as follows:-Before any extra work was undertaken, the plaintiff had la prepare 11 estimate showing the work to be done and the price to be charged and to present it to the defendunt. The matter was then to be its cussef between them and if the latter agreed to the price and ver- bally sanctioned the work, then he was to be liable to pay the price for the work as an extra.

INDIAN PRINCE'S

ROMANCE.

"(Continued from Page 7.)

THE HONGKONG TELEGRAPH,

WATCHMAN'S WAGE CLAIM.

JUDGMENT AGAINST LOCAL HOTEL.

Eliya, about the arrangements for Misa Miller's conversion to Hin-.) In the Summary Court this duism with a view to marriage, morning, before Mr. Justice J. R. Referring to the abandonment Wood, Abduh Wakhid, an Indian of a trip to Bandarawella, the ex-watchman, of 18 Haiphong Road, Maharaja's. Secretary said: "It Kowloon, sued Mrs. Cameron, of

but after consultation with his from October 15 to December. Ib medical advisers ho resolved to a year, and one month's wages stay at Nuwara Ellyn, for which in lies of nollec. place he has a strong liking. It is gathered that the state of the

has im ex-Maharaja's health proved and it is his present inten- oni to remain at Nuwara Eliya for some little time.

Defendant contended

MONDAY, JANUARY 30, 1928.

OUR DAILY TALK ON

HEALTH

'CHANCE FOR GOOD TEETH

FOR CHILDREN.

SOME RULES TO FOLLOW.

19

THE CUBAN SUGAR CROP.

FIXED AT FOUR MILLION TONS.

Havana, Jan. 21. President Machado to-day issued

a decree fixing the 1928 sugar crop The meeting of the American at 4,000,000 long tons, following the recommendations contained in the would kill him to do the three St. Francis Hotel, Ho Hong Bank Dental Association recently served report of the sugar and marketing hours' journey by road. He can-Building. 13, Queen's Road Cento emphasize anew the manner in commissions, which was delivered to not walk far without getting pal-tral, for $75 as wages for work which the teeth are being-con-him yesterday.

done and services rendered us a served as parts of the whole human pitations."

The body rather than na a sort of Under the decrec, 3,200,000 tons It is now known that the ex-watchman, at her request.

months dental furniture cast loose in the are for the United States, 150,000 Maharaja had intended to go to plaintiff claimed two

at $26

month, mouth.

for home consumption, and the Bandarawella on January 12th, I wages,

Nowdays more and more at- balánca for export to countries tention is being paid to the pro- other than the United States. blem of growing strong teeth The report upon which the de- Mr. Horace Lo appeared for the rather than to the cleaning and cred was based contained the fol plaintiff and Mr. J.M. D'Almada repair of teeth exclusively. In or.lowing recommendation:

That the 1927-28 crop shall be Remedios defended.

der to have atrong and healthful Mr. Remedios said he had In-teeth the child must ent proper fixed at 4,000,000 long.tona.

That the total surplus of the structions to consent to judgement food; indeed, its mother should In the sum of $22, which the de- have eaten proper food for a .con-1927-27 crop, which was 250,000 No plans have yet been made in fendant said was the plaintiff's siderable period before it was tons on January 1, shall be used to supply the United States in regard to the wedding, but it is salary from October 15 to Novem-born,

The child must chow food 1928. learned from an authoritative ber 15.

That an aggregate-of "3,300,000 source that the opposition to the that his, wage was that amount, thoroughly to aid good digestion proposed union has strengthened and that she was justified in dia- and to maintain the health of the tons shall be set aside for con- teeth and gums. Proper food for sumption in the United States, rather than weakened the determissing the plaintif

Mr. Lo intimated that the offer sound teeth means mother's milk which, it is estimated, will need mination of the parties to go on

would not be accepted by the up to eight or ten months of age. 150,000 tons more thun consumed with it.

Orange or Tomatoe Juice..

In 1927; consequently, in addition the

The child should be given, be-to the 1926-27 surplя, 3,050,000 Continuing, Mr. Le said It was common ground-that such specially from Indore in order tonlaintiff was employed by the de-ginning with the first month, tons of the new crop ahall be des-

The in allendance on ex-fendant as a "watchman to look

the

after the premises of the St.nge Julee or strained tomatoe tined for American consumption.

That for consumption in the in'se in the dosage prescribed by Maharaja.

Francis Hotel. He was enzazed the physician. It should also Cuban republic 150,000 tons shall Visit to Jeweller's Shop. Miss Miller seldom leaves the on October 16 last year and was have cod liver oil to provide be set aside.

to receive $25 a month. He work-

of vitamines

That 600,030 tons shall be des hotel.

Hvered to the Cuban Export Com- portant to remember that the de- The following entries were madeed until December 3, when he was adequate amounts fendant, in cross-examination, Cin the Visitors' Book:-

summarily dismissed by the de. (necessary to bony growth.

From the age of six months on-pany of South América for export pressly stated that the verbally Maharaja of Holkar, M. A. fendant. The plaintiff had on at sanctioned estimate for that plus-Rashid, Captain Bornole, Capt. least three ocasions, asked forward its breast feeding is to be to countries other than the United

and the exose ad-supplemented with cereal, cow's States. tering was the kind of document Bist, Dr. S. D.. Gesuwi, Captain his wages he considered to be required underthas, Miss Miller and "Missvanced by the defendant for not, soups made of strained paying him was that she had Vegetables, or such other supple- lle was eventually told entary feeding as the doctor may money. that he would be paid on December order.

proçedure was followed as regards the Shanghai plastering for which the defendant admitted Hability, and in this 'connexion it was Im-

Dr. Gowadi, who arrived here plaintiff. four days ago,

across came

contract No. 3. The plaintiff fur-Miller's grandmother." ther sald that this procedure was

Dr. Gosawi is of the opinion that adopted in the case of every item the high altitude of Nuwara Eliya of extra work with which he was

does not suit the ex-Maharaja. claiming, but the defendant met

that allegation with an absolute and complete dental,

his

Sailing Under Assumed Names?

From inquiries made at the Unfortunately, neither. party had entled any witness directly offices of the Colombo agents of several passenger-service steam- bet version, supporting

ship companies, it was ascertain though, this ная, in large measure, a case of word against ed that the ex-Maharaja and Mias word, counsel for the plaintiff Miller, have not booked their pad- claimed that much evidence had ages from Colombo to any other been given from which the credi-port. It was, however, stated that there is every possibility of their) bility of his client might be leaving Colombo under assumed gauged and the uiler unreliability" of the defendant might be in-names in order to avoid further ferred. Counsel for the defendant publicity of their movements. made a similar claim on behalf of his client.

"Thore la something degrading

St. C. He

far as the

in thinking that happiness consists : Counsels Claims Tested.

only in driving a little ball into a His Lordship continued that it hole two or three yards away, or therefore became necessary for kicking a larger ball into a net," him to examine the evidence with said Canon C. S. Woodward at a view to testing the claims of New Year civic service at

Jamen, Garlick-hill, E. counsel on behalf of their respecthought that it was a very serious tive clients, and he would do so thing for a country when its people by calling attention to certain por-imagiuel that happiness consisted Lions of the evidence with respect not in those hours devoted to work, to which there was some carro- but in those devoted to amusement. boration.

The judgment then dealt in this he, accommodating so

the absence of Shanghai plastering was" con- respect with written agreements as, required cerned. under contract No. 3 and the His Lordship said he had come erection of 56, doors. Two other to the conclusion that he must items charged as extras, continued accept the story of the defendant his lordship, which, according to with respect to the crucial question the plaintiff, appeared in an of the estimates and find specifical- estimate Hated December 14, 1924, ly that they, with the exception presented to the defendant by the of that for the Shanghai plaster- plaintiff and sanctioned verballying, were never presented to him, by the former, were in respect of and that he never agred to the 15 pumping wells and 15 pumping prices or sanctioned the work re- rooms at a cost of $7,500 and ferred to in them. The result was $3,000 respectively. After deal that the only part of the cuse ing at length with the evidence which the plaintiff had made out on this point, his, Lordship said to his Lordship's satisfaction was all the three cases he had that which was admitted by the come to the conclusion that defendant; and that, subject to he must accept the versions the counter-claim, plaintiff was

by given

the defendant as entitled to $7,000, the balance re- substantially correct. That con-maining due and payable under clusion became of great impor-contract No. 1 and to $3,000 in re- Lance when he came to consider the spect of the claim and Shanghai absolute conflict of evidence exist-plastering.

In

ing between the plaintif and the

defendunt 将内 regards all the

Conflict of Evidence,

Counter Claim Paints,

estimates for extras produced Dealing with the counter-claim, by the plaintiff, except that in re-his Lordship, said the first claim spect of the Shanghai plastering was for $1,745,11 in respect of de- which was admitted by the defen- fective or unsatisfactory work. dant.

The next was in respect of the cmission by the plaintiff to put down Cokebreeze cement on the The plaintiff at first categorical-roofs. On that point, after deal- ly stated that all the estimates foring with the evidence, fils Lord- extras sued for in the action were slip found for the defendant. The prepared by him at the defendant's ext item was for doors, shown on request and presented to the lat-the plans and not put in by the plaintiff On that point, he had ter on the respective dates appear decided that the story of the de- ing on

the estimates; that, the fendant must be preferred to that warks and prices appearing on of the plaintiff and the defendant each one of the estimates

were was therefore entitled to-recover agreed to and sanctioned by the on that flem. In all those cases, defendant; and that only after his Lordship considered, the cost such agreement and sanction were should be decided by an expert. the works commenced. This hat He was prepared to hear counsel statement the plaintiff had to

on the latter point, but unless he qualify by admitting, after his at- changed his views as a result of tention had been called, in cross-any argumente advanced by them, examination, to other

evidence he did not propose to give direc kiven by him in the case, that as lions as to the form in which judg- regarde the sunshades which he ment should be entered until the was claiming as extras, the work amount of the claims for the de- was actually commenced before fective work and the omission of the estimates in respect to them, Cakebreeze and doors had been ar- were presented to the defendant. rived at: When that amount had The defendant, on the other been arrived at, application could hand was not shaken in cross-be made by either, parties in examination as regards his denial chambers to enter judgment. that any estimates, except that for Shanghai plastering, were pre- sented, agreed to or sanctioned by him, and if he was prepared to perfure himself about the other estimates, eight in number, there did not seem much reason why his conscience should have refused to order.

Counsel concurred that they thought they could agree on the question of cost to be arrived at.””

Mr. Putter asked for an order to be made for the $5,000 paid in, to remain in Court.

His Lordship made the required

That the remainder of the crop shall be delivered to the Cuban company for such later distribu- tlon as shall be ordered by the pre- 1 when the hotel opened. On During the second year the aident of the republic; but that December 2, he again asked for teeth are developing beneath the such distribution shall be made of necessity, and payment and was told he would gums and the child must have only in cases be paid on the following day, but foods that will provide essential should such cases not arise, this on the night of December, 3 he was substances for sound teeth. These remainder chail be considered sur- Ingindo particular foods that plus of the 1927-28 crop and shall dismissed.

supply cafeiunt and phosphorus, be distributed for consumption as well as the usual food constitu- during 1929,

After bearing the evidence, his Lordship, gave judgment for the plaintiff, in the sum of $55.83.

LETTER GOLF SOLUTION.

Here is the solution to the puzzle on another page,

ents, and also the necessary vita- mines.

!

The foods at this time should Washington, Jan. 2.-According include plenty of milk, fruit juices, to a report made by the Commis well cooked.cereals, perhaps cook-sioner of Internal Revenue 228 ed in milk, and well cooked vege-persons in the United States had taples sheld be strained or individual incomes in 1926 of smashed to get rid of indigestible 1,000,000 dollars. (£200,000), or fibrous substances.

21 more than in the previous year. Of these fortunate Individuals 14 had Incomes in excess of 5,000,000 dollars (£1,000,000). The average income of the American who pays income tax is £1,040, but his real to learn whether or not the teeth learnings or fees are higher, be- are developing properly. Thumb-cause he is allowed many deduc-

Visiting the Dentist, Certainly the child should see dentist after it is two years of

Use of pacifiers may serve to de- form the jaws, and the teeth, may

SHAKE SHAME! SHAMS SEAMS sucking, mouth-breathing or the tions. SEEMS SEEDS ay if the child has not been fed may be in itself a source for in- SENDS SANDIS HANDS

Maybe you DONT KNOW. 17, LITRE OMG, BHT YOU'RE GOING'

TO THE GAME

WITH ME

·GH LISTEN, KID. -

I'LL DE OVER AT

EIGHT TONIGHT SHARR

-SEE TRAT

1

YOU'RE READY-

01029 BY MEA SERVICE, INC.

be soft and subject to quick do-tooth-brush improperly cared for

properly..

The dentist also can give infection. It is very important to structions as to the proper care at keep the first teeth in place and the first teeth, including the kind free from decay since they are n8- of brush to be employed and the sociated with the proper coming in and development of the second care of the brush itself. Few

teeth." people seem to realize that 0

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"The Connoisseur Comes to Caldbeck's"

CALDBECK, MAGCREGOR & COMPANY, LIMITED. (Incorporated under the Hongkong Companies' Ordinances 1011-1015.) Prince's Building (Ground floor.)

Telephone C. 75.

TIS SAID WE 'ADORE THE

MASTERFUL MEN-

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NEWSPAPERS LEAD ALL OTHERS

An interesting survey was recently con- ducted of a middle western American city of more than half a million people, to find out where the buying public received its inspiration for their purchasing. The question was asked what form of advertising influenced them most-magazine; street car, billboard or newspaper. In order to be fair, newspapers were put at the end of the list. The results were as follows:

Klod of Advertising

"Number"

-Per Cont

"WOMAN- YOU'RE PREAKING- ALL THOSE DATEST FOR ME, SEE?"

Influenced

Population

-IF

ALL T

Newspapers

110,868

90.3

Magazine

0,050

7.3

Street Car...

2,038

1,8

JETE MASTERFUL?

Billboard

731

0,6

**