1933-07-06 — Page 12

CENTRAL

THEATRO

FINAL SHOWINGS TO-DAY AT 2.30, 5.15, 7.15 & 9.30.

The girl who danced in

the side-show laughed at the high pressure

press agent. But he was

a master of bunk and

ballyhoo. Before night- fall she was famous!

The

"Brighteyes, the earth's axis lo -greased with banana oll With your figure and my brain, we'll fly high!"

HALF NAKED TRUTH

A million-laugh-power romance...éxposing the startling publicity tricks of the man who made stars in a day.

With

-LUPE VELEZ LEE TRACY

Eugene Pallotte,FrankMorgun

by David Pirection and Dialog by Gregory La Cava, Suggested by the book, "Phantom

Freedman, David O. Selznick executive producer

FIERY "LUPE"

Sings & Dances.

See Her at Her

Best !

TO-MORROW

An XKO

RADIO Picture

of course!

IDEAL OF WOMEN! IDOL

OF MEN!

+

At Her Best in This, Modern Story of a Girl Too Rich in WealthTM 'Too Poor in Love...

She Rises Resplen dent Above Her Triumph in Bought

Constance

BENNETT

LADY WITH A PAST

SEE THE NEW PARIS ECREATIONS WORN:

Sparkling! Dramatic!

** With Tang of New York and Zestful Spirit of Paris, BEN LYON DAVID MANNERS Directed by Edward II, Griffith Charles R Rogers Production

BY MISS BENNETT, RKO PATHE PICTURE

Eve

THE ARCADE

* GLOUCESTER

BUILDING.

SALE

HATS from

$2.50.

WASHING DRESSES $5.00.

PYJAMAS & BATHING.

SUITS

Half Price.

KK8U: Tor the Proprietors by FREDERICK: VERON ANKLIN, at 1 and 8. Wyndham Street, In the City of Victoria

THE HONGKONG TELEGRAL. THURSDAY, JULY 6, 1933.

CONTRACT CASE

JUDGMENT GIVEN FOR

PLAINTIFFS

lost | sold and

imply that the sellers" have possession of the goods propose to regain it.

No Delivery.

LONDON JOYFUL

"CROWD GREETS TWO In the present case there has boon

EX-PRISONERS no delivery, It has been assumed in Notice of appeal was immediately argument that the sellers tendered

London, July 5. given when the Chief Justice, Mr. buyers rejected. But

goods under the contract which the

Amid acenes of tremendous en- oven that is J. R. Wood, yesterday, gave his not NO. It

clearly from the thusiasm, Thornton and Mac- deferred judgment for plaintiffs in an correspondence that thesa

goods Woro action in which Keller, Keen, and never tendored in fulfilment of the Donald, the two British engineers Company, Ltd., of 10-17, Connaught of falliment. At the outset of those prison, stopped out of the train in contract. They were offered in lieu recently.roleased from a Soviot Road Central, were anod for $1,800.

negotiations, the defendants, frankly Liverpool Street to-day. A huge Plaintiffs were the Kwong Yuen and honestly admitted the mistake crowd greeted them. firm, of 217, Queen's Road Central,

which had been made. and their claim was in connexion with the non-delivery of 64 pieces of blue serge valued at $2.00 per yard.

|

The interpretation of Clause 10ficially were the Chairman and Among those who met them of- which I hero adopt seems to me to bo evident on its own innguage, but other

of Motropolitan-

officers

•

I would add that it would require | Vickera, Ltd., for which firm they Mr. H. C. Lim, instructed by Mr. very explicit terms to embody the were working in Russia when they P. II. Sin, represented plaintiffs, and manning for which the defendants were charged with sabotage and Mr.. Leo D'Almada, Jnr., instructed by have here. If the clauso is Messrs. Wilkinson and Grist, appeared tion would amount to this, viz, that

espionage. avail them to

such a construc-

Friends and relatives, too, were for the defendants,

in any circumstances whatsoever the thore. Smil happily and way- sellers could, on a claim by the buyers ing to old acquaintances, Thorn arising, escape Habilities for fulfilment of their contract by a more ton and MacDonald pressed declaration that it was their inten- through the throng. tion to retain the goods. Tho clauso

The Judgment. : The case was heard on Monday, when his Lordship reserved judgment. Yesterday he said:

This is an action by buyers under a contract for the sale of goods. They ape for damages for delivery.

под

It was over the altercation.

In my opinion does not say this and which followed the trial of those does not mean this.

engineers, and their comrades, Furthermore my construction is that Great Britain raised an em- non-supported by the Chinese version 'in

against Russian goods, the contract of Clause 10 which apargo

ears to speak of "we take in the which was lifted with the release

of Thornton and MacDonald.- Reuter,

For protection against the claim the sellers rely upon a term in the contract which is as follows. Clauso 10-If any calm is made vellers re- norve the right to take over the cargo for their own account and no com pensation can be claimed by buyers.” I will assume that the sellers have hero purported to act under this clause.

The question remains whether in the circumstances here arising, they сла by taking this step esenpe liability in damages for non-delivery, In my view, the above clauso only operates when goods have been de livered to and retained by the buyer.

goods."

A submission has been made, for the defendants that damages to bo awarded, if any, should be merely nominal. This submission la based upon precedence where goods sold have been delivered under a contract and have boon returned to the seller, but in the present case thore has been no delivery.

In my view this claim sucéceds. I therefore enter judgment for the plaintiffs for the damages claimed with costs.

An Appeal.

Mr. D'Almada asked for a stay appeal.

of

If then the buyer should not be con-execution of judgment pending an tent with his bargain and should make a claim against the seller, the seller may under this clause elect to re- take the goods and to cancel the can tract. The word "to take over the cargo for their own account" must

SHOWING TO-DAY

At 2.30,

6.10, 7.15 B

9.30 p.m.

be stayed for 21 days. The damages His Lordship and judgment would would be paid into court in accordance with Mr. Lim's application.

HONCKOND'S FINEST CINEMA

RAILWAY LOAN.

HOPE FOR COVERAGE BY MINISTRY

Nanking, July 5. The agreement for a loan for completion of the Canton-Hankow Railway has been approved, but the office of the Board of Trustees

that the Ministry of Railways will of Sino-British Boxer Funds hopes

make an application to the Execu- tive Yuan for $5,000,000 from the of G$50,000,000 to meet payment recently concluded American loan In case of deficiency,--Router.

The Air-Conditioned Theatre

ANOTHER BIG DOUBLE ATTRACTION!

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For a short season only Prior to their tour

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CHIN LO0

COMPANY OF 22 CHINESE ACROBATS AND JUGGLERS.

IN NEW THRILLS AND BEWILDERING TRICKS.

The greatest presentation of its kind ever offered.

PRICES AS USUAL.

4 SHOWS

DAILY

2,30-5.15

7.15-8,30

TO-DAY

ONLY

The

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Thriller.

ON THE SCREEN

Face to Face with New Loves and Old in the

South Sean.

The

PAINTED

BOOKING AT THE THEATRE TEL. 25313, [25332.

NEXT CHANGE

Dodging Work Was His Business

Hopping freights was his kobby...

Mending hearts was his pleasure ... 2

and how he worked at it!

WILL

WOMAN ROGERS

with

Peggy

Spencer Tracy Shannon

WILLAM BOYD

IRVING PICHEL

Directed by

JOHN BLYSTONE

PICTURE

TAKE ANY-TRAM OR HAPPY VALLEY BUS

TOO BUSY TO WORK

MARIAN NIXON DICK POWELL. From Use'stery "Jubila" by Ben Ames Williama Directed by John Blytona FOX FICTURE

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in

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WITH

PHILLIPS HOLMES-DOROTHY JORDAN CHARLIE RUGGLES - JOHNNY MACK BROWN From the novel by Cortland Fitzsimmons

a Paramount Picture The screen's most unusual mystery! Faw will solve it...everyone will thrill to it...and no one will ever forget it! FROM SUNDAY "WOULDN'T HURT ME ANY TO HAVE A DIFFERENT KIND OF MAN IN MY RECORD!”

Diamond-

Decked Lou... Faithful as Long as the Diamonds

Held Out ... The Redi Light, Heart-

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MAE WEST

HE WAS HER MAN BUT

She Donettim Wrong

CARY GRANT

OWEN MOORE. NOAH BEERY » GILBERT ROLAND a Paramount Picture

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"Frankie

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"A Man What Takes His

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At 2.30 5:20,

7.20 € 9.20

"Broadway Bad"

with

JOAN BLONDELL-RICARDO CORTEZ

GINGER ROGERS

MAJESTIC

NAGANA

TO-DAY to SATURDAY AΜ2.30, 5.20, 7.20 & 9.20 P.M.

HELLCATS

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darad

thrills