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Colonial Cases

Yung Shun v. Benett, 1870

[work done]

Yung Shun v. Benett

Supreme Court of China and Japan
27 January 1870
Source: The North-China Herald, 1 February 1870

 

LAW REPORTS

H.B.M. SUPREME COURT.

Before G. JAMIESON, Esq.

Shanghai January 27th.

YUNG SHUN vs. P. H. BENETT.

Claim of Tls. 250 for work done and material provided; no answer filed.

Defendant stated the buildings are not complete.

Yung Shun. - I agreed with the defendant to build certain properties.  I drew out a paper in Chinese stating what was to be done.  I signed it.  Mr. Benett did not sign it.  I built the houses according to a plan drawn up by myself and approved of by Mr. Benett.  In the paper there was no mention made of partition walls.  There were afterwards inserted at Mr. Benett's request.  The agreement was originally for Tls. 375.  After I signed it Mr. Benett altered it to Tls. 350.  This was after I had signed it.  It was brought out to me and I agreed to Tls. 350.  I did not promise to do the whole work after the correction.  I have finished my work a month ago.  Mr. Benett never told me that it was not all done.  I asked him to come and look at the houses, he said they were all finished properly.  I have spent Tls. 350 on the labour and material for these houses.

To Defendant. - Your compradore sent for me and wanted me to give him a commission, else he would complain of the work not being properly done.  He has talked to me about the two back walls.

To the Court. - The two back walls are in the plan, they are not built.  It would take $10 to complete the two walls.  I am willing to complete them for $10.

E. Fajard. - I have seen the houses in question.  I think they are very cheap.  I believe the Chinaman has spent Tls. 350 on them and more two cook houses are built.  The contractor told me that two only were wanted, as the middle place was required for a yard.

No other evidence appearing for defendant, judgment was given for the full amount claimed, less $10.  If the Plaintiff builds the walls, to be paid $10.  Defendant to pay costs.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School