1938-12-02 — Page 17

APPEAL DISMISSED

Film Company's Claim

For Damages

The Full Court yesterday dismissed an appeal against a $17,500 judgment given early this year. The appeal was heard by the Acting Chief Justice, Mr. Justice R. E. Lindsell, and the Acting Puisne Judge, Mr. Justice E. H. Williams.

THE HONGKONG TELEGRAPH, FRIDAY,

Refugee Children

Kindergarten Classes

At Victoria Czoł

The Chinese Young Women's Christian Association are conducting kindergarten einuses for refugee children at the Victoria Gol Ic- fugee Camp.

CHRISTMAS MAIL

Extra Plane Arriving

At Kai Tak To-Day

DECEMBER

1938.

TO-DAY'S RADIO

ZBW, 355 metres (845 kc.) and 31.49 metres (9,520 kilo-cycles)

From the Studio

"LA BOHEME,” ACTS 1 AND 2

Three short talks on matters of topical interest.

1.20 Ballada.

The Unique Film Production Com-would be bound in anfety to point employed in their leisure hours, the bring mail to Hongkong on Saturday | Fox-Trots-Sa Do 1 (from Pennies) (Soprano)

Radio Programme Broadcast by Miss Ma Si Kui (Piano) The Christmas rush of air malt. D. W. on a Frequency of 845 k.e's. and on Short Wave from 6-11 pm. The children who are divided into has started to Hongkong, for the im-

on 9.52 m.c's. per second.

Bless This House (Brahe); Soul Of four grades, and are taught almpie perial Airways plane Delphinus is

H. K. T.

Mine (Barne)...Essic Ackland (Con- handwork, hygiene singlug,

and day, making a special trip from

0.00 Dance Míualo.

tralto) with Organ; Les Millions ithmelle, reading, writing, drawing, due to reach Kal Tak at 2 p.m. to-

Fox-Trois-Free (from 'O-Kay for Anything Goes').....Maurice Win- D'Arlequin-Serenade (Drigo) general knowledge. Once a fortnight Bangkok,

His Orchestra: Comedy Murray Stowart (Tenor) with instru→ The plune Delta landed at Kal Tale Sound'); The Fleet's In Port Again nick and

The Detective mental Accomp. Mr. Ng Pak-to, proprietor of the, which is patent and of which the they are taken out for a short hike judge as the or for a plenie. The teachers are.

(from O-Kay for Sound')....Jack Sketch-Sandy Central Theatre, unsuccessfully ap purchaser is as good

mall of 670 klios

weight. The Hylton and His Orthestra with vocal (Powell-Thomson)Sandy Powell

D.30 London Relay-The News. peated against a decision

given on maker it is clear to my mind in that voluntary workers and are members at 3, p.m. yesterday with the delayed

9.50 Puccini's "La Bohemo" Acts My Shoulder (from Peint hopped off from Bungkuk chorus; Fox-Trot--Three Won't Be and Company; Vocal-Tinkle, Tinitic, At the old Government Civil Hos- February 22, by the Chief Justice, ease the maker is not bound to point of the Y.W.C.A.

an Any Spring (from The Flying Tru-Tinkle; Sir Atholl MacGregor, in favour of out the defert to the purchaser.pital Refugee Camp there are not yesterday afternoon and mode

overnight halt at: Ventiane. There prze): Waltz-Murle Louise (from Evergreen'): When You've Got A 1 and 2.

from Little

Your Heart Sung by Rosetta Pampanini, Luba Springtime In Com-think it would be a very mischievous only similar kindergarten classes, but the Unique Film Production

15 300 kilos of mail abourd,

The Flying Trapeze')..Eddie Caroll thing if it were so, because if he was pany, on points of law.

(film and His Music with vocal refrain:

Evergreen').Jessie Matthews Mirellu, Luigi Marini, Gino Vanelli, Two more planes are expected to

with Orchestra; Dance Tancredi Pasere, Aristide Baracchi, bound to point out the defect he also hundwork classes for girls and women. To keep them profitably pany had sued Ng Pak-to, claiming

from Heaven'); One, Two, Button Orchestra-Some Other Time--Fox Sulvatore Baccaloni, Gulseppe Nessi afternoon, and two planes, the Delin out anything, which might be

them

Your Shoe (from Peniles from

from Trot; On Treasure Island-Fox-Trot and Full Chorus of La Scala, Milan $17.500 damages for breach of considered a defect. We know the con- Association members teach

119 and ..Maurice Winnick and His Orches with Orchestra. off from Kal Tak at dawn to-day

Dorsey The ...Jimmy

10.40 Marck Weber' and His Or- ira with vocal refrain; Humorous chestra. tract by failure to exhibit the talking sequences of that. It the maker knitting, basket-work, quilting and and Daedalus, are scheduled to hop

dress-making.

Orchestra with vocal chorus Bob

by picture "Tuk Mul Kwal." (Poisoned

The Y.W.CA. Is very grateful to with the outward mail and passen-

of About Cruises (Hundley-Crick); Artches Eberle; Waltz Three Minutes

Mur-

Still As The Night (Bohm, arr. Rose). Judgment for the plaintifs says, for prudence sake. I point out

kers. sound so to you, but I do not think

Winterbottom It is understood that next week Heaven: Slow Fox-Trot--Hypnotized (Frankau-Handley-Crick).....

(two Benedlet); None But The Weary on the claim and counter-claim to them defects, the purchaser would members and friends who have don

..Victor Silvester and Its Bali-gatroyd and

nowingle thought) Heart (Tchaikovsky Tot (Fisher, arr. Benedict); gether with costs, was then given.

say. Here is something wrong and Iated money, food and clothing to its

war-time Social Service Department when the Christmna mail rush is in- three planes tensified, as many as

room Orchestra; Fox-Trots-I Feel minds with Mr. Eldon Potter, x.c., instructed must have an

may be used on certain days. No

Like A Feather In The Breeze (film with Monte Crick at the Pluno; Vocal Waltz (Burand): by the Hon. Mr. M. K. Lo, appeared That would be a very inconvenient for refugee welfare work,

passengers will be carried from Charm School): Life Begins When --Slipping: Through for the Unique Film Production rule which should have no existence." Compuny whilst Mr. H. C.

Matthews with Orchestra, chines will be avallsble for "You are not called upon," con-

Bangkok, though the outward ma- Macnamara, Instructed by Mr. W. Atended Mr. Polter, "to frighten your

traffic as their mall is less. Maclniny, appeared for Ng Pak-to purchaser by pointing out something yesterday.

which you do not think a defect, but which he may think is one."

Mr. Macnomaga argued on the points of law arising. and declared that it was the duty of the United Film Production Company to disclose to Ng Pak-to that there had been third party claim on the film, before the contract War made for the screening.

ron-

abatement inade.'

objection to a contract under such

circumstances,

Shortly after the contract was en- tered into, tie continued, his clients found that they were being threaten- ed with proceedings. On these facts In the words of another authority, it was a duty devolving on the other The "ordinarily the failure to disclose a party to disclose what it knew. material fact which night Influence Unique Film Company was not the the mind of n prudent contractor only available film company, and if does not give the right evade a the appellant had known of the claim exercised contract." This, Counsel went on, he would certainly have was an ordinary contract, so where his right and chosen another com- By buying or hiring this film, he did the duty arise to disclose a fact?pany or film.

Mr. Justice Lindsell: Do you say declared, Ng Pak-to also hired the lawsuit. It was but right int Ng

that you did not get the performing Pak-to should have been told that a

rights on certain specified dates? In a general reply to the cases Mr. Macnamara: I may

that we claim had been made. If he had; known of this claim, he would not cited by Mr. Potter, Mr. Mucnumara got them only subject to a threaten-

In the contended that no judgment coulded claim for damages,

Assuming had gone on, and

you circumstances, Mr. Macnamara debe accepted as directly applicable to cleared, the contract should have this particular case. It must be con- that the claimant hnd carried out lik

sidered on its own facts, partleularly threat and established his right to been resainded,

as the law governing film rights was the aim, you would have been entitl- not in such a satisfactory conditioned to be indemnified by the assay, the law governing the sale andet for whatever loss you hnd of goods.

suffered. That would have been a matter for future discussion.

have signed the contract,

No Judgment Applicable

Mr. Eldon Potter submitted that the only point brought forward was that if an adverse claim was inade, should this elalm be made known? The Aim producing company, he At the time the contract was made stated, had a good title to the Alm, the respondents knew of

# claim and because some other person chose pending, which might have a serious to make an adverse cinim, there was effect upon the appellant, and should no call on them to make this known have disclosed is existence. Jad

and thus lose the contract. "They the appellant known of the claim he and a good title," he added, "which would never have entered into the

in fhet has never been disputed, contract. There is no duty to disclose."

Mr. Justice Lindsell: There is

JCH-

this

AIR FRANCE HERE

Fourteen Passengers And Mail From Hanoi The Air France plane reached Hongkong at 1 p.m. yesterday from Hanoi with fourteen passengers, mail uncl

aboard freight Those were Mr. and Mrs. Birt, Messrs.

of Jansen and Frost the Asiatic

Almaran Petroleinn Company, Mr. Indian silk merchant, Mrs. Feschner, Mr. H. C. Maux, and Mr. Hunter. There were six Chinese passengers. The plane leaves at 6.30 am. to- merrow for lunoi.

AIR SERVICES

Arrivals and Departures Of Planes

Outward

For London, Australia, British: ways 7 a.m., Dec. 2; Imperial Air- Countries and Europe: Imperial Air-

ways 7 a.m. Dec. 0;

"The appeal should be allowed,” Mr. Macnamara concluded, "on the ground that there was a duty to dis- close the imminence of a clairs that not be expreted, as ordinary business had been made, and that we could people, to accept performing rights plus a lawsuit, when what we hadam. Dec. 4. contracted for was

One of the judgments quoted by nothing to show us that the respon- without a lawsuit Performing rights

dents, though knowing about the ridiculous. claim. may not have regarded it as

Mr. Polter to support his submission contained the following "Nor is the maker of an article al ruling ways bound to point out defects in

Mr. Macnamara: That is so; but it to the purchaser; if there be a defect known to the manufacturer It was a fact which might and which cannot be seen on inspec-affected the mind of another person have tion, then nived he would be bound and should have been disclosed. to point it out; but if it be a defect The other party might have

Mr. Justice Lindsell announced that he and his colleague agreed, mainly for the reasons given by the fearned trial judge, that the appeal must be dismissed with costs against the appellant.

At the request of Mr. Macnamara, he agreed to supply a written judg-

munt.

CHRISTMA

BY CHOOSING YOUR

CHRISTMAS GOWNS

EARLY. YOU SECURE THE FINEST MATERIALS FROM THE SPECIAL SHIPMENTS JUST RECEIVED

Velvet Chiffon

Printed Crepe

Silver Lamé

SEE THESE EARLY. ALSO THE SELECTION OF SEASONABLE

NOVELTIES.

The BOMBAY SILK STORE

The House of Quality 2, D'AGUILAR STREET

tulu: Pan American Clipper 0.30

For USA. Manila, Guam, Hono-

Hankow, Chungking, Sinn, etc.: Eurasia and C.N.A.C. services tem- porarily suspended.

For France, vin Hanoi; Air France, 6.30 am. Dec. 3.

Inward

From London, Australia and Bri- Uish Countries: Imperial Airways 1 p.m. Dec. 2; Imperial Airways 5 p.m. Dec. 3; Imperial Airways & p.m. Dec.

7

From U.S.A.. via Guam. Manila: P'un American China Clipper 12.30 p.m. Dec. 3...

From France, vin Hanoi Air France noon Dec. 8.

CURE FOR CANCER

Up-to-Date Methods For British Centres

Loudon, Dec. 1. The British Government intends to use the most modern methods in the euring of cancer, according to the Cancer Bill now before Parliament.

The El declares that nine propic, out of 10 suffering from cancer could be cured if they had their cases. diagnosed at the earliest possible moment. It is intended to establish centres for diagnosis and use the most modern methods to combat the disease.

The scheme will cost £700,000 annually and the Initial expenditure will be £500,000 as a grant to the National Radlum Trust for purchase of radium.

Advertisements for cancer cure are prohibited by the BIU-Reuter Bulletin.

WHEN

IS

"THAT

Heaven').

My Fingers Lotter); Zigeuner, You have Stolen

Tango (Lesso-Valerio).

You're in Love

Love (alm Musle EOC (from 'It's love again')....Jessie My Heart-Tango (Grothe); To-night 'round and around').

and ....Roy Fox His Orchestra with vocal refrain; Wall The Dawn Of Love; Tango- Majanahi....Dajes Bela Dance Or chiestra; Waltzes-Midnight Waltz: Neapolitan Nights....Gino and His Hawalinns.

6.45 London Relay--"Murs",

Bordin

7.55 Next week's programine.“ 0.00 Local Time Signal, Weather Report and Announcements,

8.03 Studio Plano Recital by Miss M. Si Kul,

Variations on a German Folk! 1.

technique for catching him; Compiled Songan); (e) Marche Gro-

Social Items

A meeting has been convened for

A carnival dance, organised by St. Andrew's Club, will be held on December 10, at 8.45 p.m. Fancy or evening dress may be worn.

A guide to 600 years of swindling Sung (Chopin); 2. (n) Intermezzo in the Committee of St. Andrew's Club together with

some account of the E Fiat (Brahms); (b) Rhapsody in on Thursday, December 22, at 8.30 Müg Sucker, or Cony himself, and G Minor (Brahms); 3. (a) Cradle} p*1. numerous examples of the proper Song (Lindoff-urr. Silot!); (b) Cradle

Watson by Francis

and Francis tesque Dillon; Production by Fivincis Dillon. 8.25 Compositions of Mozart in 7.15 Closing Local Stock Quota-cluding his Symphony No. 34 in C,

"Cosi Fan Tutte" Overture........The tions.

7.17 Variety with Murgatroyd and B, B. C. Symphony Orchestra cond. The combined Chinese women's Winterbottom. Cicely Courtneidge, by Adrian Boult; "Le Nozze D associations in Hongkong are collect- Jessie Matthews, Bandy Powell and Figaro"; Vanish'd Are Ye; Grant, ing articles of Chinese hundwork for Maurice Winnick and His Orchestra. Love,...Tinna - Lemultz (Soprano) exhibition and sale in Paris and New Comedienne-Things Are Looking und The Berlin Philharmonic Orches York. The closing date for the local Up (flim)...Cicely Courtneidge with tra cond, by Bruno Seidler-Winkler; collection is December 0, and ladies Orchestra, Dance Orchestra-A Symphony No. 34 In C (K. 338). are requested to send in their articles Couple Of April Fools-Slow Fox- 0.00 London Relay-Food for to the Hongkong Chinese Women's Trol: Moonburn--Fox-Trot

Club rooms before that date.

(Blm Thought',

TO-DAY KING'S

AT

THE

If you're Thrill-able..

HERE'S THE MUSICAL FILLED WITH ALL THE THINGS YOU THRILL TO!

Everything new in song and rhythm ... all the fun that fills a Broad- way column... the kind of cast that makes shows hum... oh, boy! oh, swing! oh, stuff!

and oh-h-h-h, Shirley!

445

Shirley Temple LITTLE MISS BROADWAY

with

GEORGE MURPHY JIMMY DURANTE PHYLLIS BROOKS EDNA MAE OLIVER

George Barbler. Edward Ellis Jane Darwell Donald Meek⭑Patricio Wilder

• El Brendel

Claude Gillingwater, Sr. Directed by Irving Cummings *Associate Producer David Hempstead Original Screen-Play by Harry Yegend. and Jack Yailen

Darryl F. Zanuck Te Charge of Froduction

A 20th Century-Fox Picture

TO WIN A BEAUTIFUL

CERTAIN

AGE"

?

»LITTLE MISS

BROADWAY"

ONLY

20

SHOPPING DAYS

ΤΟ

CHRISTMAS

DOLL

TO ENTER THIS

SHIRLEY TEMPLE

COLOURING

Six

cing-able, dance-able SONGSI "Opt", "Wa Chevid So Fagetour", At All The World

Ale At Didi-Amblement Bong". "How Cer Thank You", "ile Mke Wandway! By Walter Bolech

and Harold phd

CONTEST

The

All you have to do is to apply at the King's Theatre Booking Office for a copy of Shirley Temple Pictura and colour it and send it to the King's Theatre before noon on the 7th December, 1938. Only children under the age of 16 are eligible for this contest. results will be judged by the Managements of the China Emporium Ltd., King's Theatre and the 20th Century-Fox Film Corp, and their decision will be final,

PRIZE S

1st: ONE LARGE Shirley temPLE DOLL DONATED BY THE CHINA EMPORIUM, LTD. 2nd: ONE SMALL SHIRLEY TEMPLE DOLL DONATED BY THE CHINA EMPORIUM, LTD, SEVEN CONSOLATION PRIZES OF ONE SHIRLEY TEMPLE BOOK. EACH, PRIZES ARE NOW ON DISPLAY IN THE KING'S THEATRE LOBBY