Leung Wing T/a Leung"s Tailors v Hon Sang Metal Window Factory

Court:District Court (Hong Kong)
Judgement Number:DCCJ707/1972
Judgment Date:19 Apr 1972
DCCJ000707/1972 LEUNG WING t/a LEUNG'S TAILORS v. HON SANG METAL WINDOW FACTORY

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT VICTORIA

CIVIL JURISDICTION

ACTION NO. 707 OF 1972

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BETWEEN

Leung Wing trading as Leung’s Tailors

Plaintiff

and

Hon Sang Metal Window Factory

Defendant

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Coram: D. Cons, D.J. in Court

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JUDGMENT

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1. The plaintiff in the action is a tailors cutter. In November of last year he had in mind to open his own tailoring business and accordingly negotiated for the lease of a half shop in the rear lane of Buckingham Building, Kowloon. The intending lessor was one Mrs. Fung, whom the plaintiff first met on his visit to the premises in the afternoon of the 23rd. At that meeting it was verbally agreed, amongst other matters, that the plaintiff would take a 3 years lease commencing from the 1st of December but that the agreement should be subject to a written lease to be drawn up on the following evening and upon condition, in effect, that the intending lessor would be able to show a good title.

2. About 3 hours later, i.e. at about 6 o’clock that evening, the plaintiff returned to the premises and was there introduced by a third party to the defendant as being an interior decorator able and willing to put the premises into a condition suitable for the plaintiff’s purpose. The general plan was agreed, measurements were taken and the defendant promised to let the plaintiff have some sketches of the proposed work within a few days. The parties then adjourned to a nearby restaurant for tea over which the defendant put forward his estimate for the total work in the sum of $6,200 which was accepted by the plaintiff. He immediately drew and handed to the defendant a cheque for $2000 against a temporary receipt. The plaintiff intimated to the defendant that the was anxious for the work to proceed as soon as possible.

3. The following morning at about 10 o’clock the plaintiff and the defendant again met, the defendant having already cashed the plaintiff’s cheque. The temporary receipt was exchanged for a formal document Ex.2 and the defendant gave to the plaintiff also an itemized bill of work Ex.1. Both these documents were at that time made out in the name of “Shun Cheung”. The plaintiff changed the name on each to “Leung’s Tailors” added what now appears as clause 7 to Ex.1. The parties then separated.

4. On the evening of the same day, i.e. the 24th, the plaintiff met the husband of the intending lessor with a view to signing the lease, but as the husband was unable to produce the head lease the plaintiff refused for the time being. The head lease was in fact produced to him at lunch time the following day, i.e. on the 25th, but on discovering that it was itself only a...

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