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UU . of business OVER AGREEMENT (Continued fiom Page 9) the funeral service conducted by L. V. Disney, and which was to the effe hat the defendant was not 15 int rfere in any way with the business for a certain od of time after the sale. The agreement is now expired. They also claimed that by assisting with a funeral, the defendant further violated his agreement. Evidence in connection with this latter point, however, Te- vealed the fact that Is was in a cue of necessity, the brother being ill in hed 'and 'efforts to secure another undertaker to assume charge of the fureral proving futile, Counsel showed the court that by poor management, Dalton, had al- lowed the business to dwindle into a small livelihood. He did not af- ter a short time, defendants alleg- ed, provide thé public with a mod- ern and up-to-date servidh. D. W. Dalton. proprietor of the establishment which L. V. Disney f "mary ovned. was the first w= ness on the stand, He gave the (~ = avidence showing the amount he had transacted through the undertaking establish- since assuming control of it ahaut 1917, He also derived some 1 ounies from selling pianos and do- irg furniture repair work. "You have the total gross profits from vour undertaking business?" c-unsel asked him on behalf of the plaintiff, . roan please," counsel re- quernted. "1917 "81,452.36." "10187" : '"'81.268.28." "19197" "604.66." "1920" "$712.18. ! 1921?" "$262." 10232" , 48206." 19247" Ha24s. ' 1925?" "" 86." it 108 "1926 to November 17, $21.50." Plaintiff stated the above figures were gross profits less such ex- penditures as were necessary for heat, light, room rent, insurance, ete. "What would yu estimate your expenses were?' "$150 or a little more per year." Counsel for the - plaintiff then asked Mr. Dalton what he -attribut- ed the decrease of his business to, but counsel fer the defendant ob- jected to this question, Decrease in 1919 was attributed to the fact that tho plaintiff was ill, This was the year that the "flu" was at its peak. In 1920 the Luxe Funeral Service, Oshawa, put in a motor hearse. and. this also drew a portion of the business, while the following year, the plaintiff alleged that Mr. Disney opened hip the Dis- ney Undertaking Company. "Just what change came over your business?" counsel asked. #1022, well, they have been rumn- ning cver since, year by year." "Is that the result on your busi- ness?" "Well, that is where my busi- ress wen. to. I don't say they got it all." Plaintiff could state nothing cise in relation to his business that weuld in any way concern Disney. At this junciure, Mr. Gideon Grant, counsel for 'the defendant, examined Mr. Dalton. Plaintiff Broke Even "You paid $2,000 for the busi- ness and you got $2,000 damages. didn't you. You got the business for nothing then. Isn't that right?" Mr. Grant asked. Plaintiff thea reminded counse:! that he had to pay costs in connee- tion with the case, Grant agreed. "Luke's put in a motor hearse, in 1920?" to which Mr. My car is vital to the con- duct of my business. And Pye learned that one way CHAMPION AVINDSOR, ONT. A CANAPIAN-MADE PRODUCT Dalton th Platatier oR tion of a motor hearse, the ; tiff agreed ft. at aly ment of his own and other under takers using horses. "The Luke business is th . of any in Oshawa?" o Viggen "Yes." "But they were there 25 or 3( yeaa. Jbrompted Mr. Grant. es." h Centinuing his examination, mr Grant asked plaiatiff if if wer not true that he had been wrum people letters to the effect that his tusiness was dropping and as the counsel put it, "You were downins your own business." To this, Mr Dalton admitted he had and exhibit of several large bundles of letters alleged te have boen written were landed the court. His Lordship, in reply to an ant wer of whether or not these let ters had been written since the las* judgment, received an answer ir the affirmative, Mr. Grant pointed out that Dal ton, was objecting to a chatter mui. gage Disney was holding and Dal ton sald it was. "He has it still?" asked Mm» Grant, "Yes," witness replied. "That is he still holds the ohat tle mortgage that he held at the time of the last row. You com plain about this?" "Yes, " In reply to a querry as to whethe: the plaintiff contended that b holding the chattel mortgage, Di rey, the defendan', was interester in the undertaking business operat ad by Disney's brother. Stanloy. th mswer was in the affirmative. Rather curious in regard to th amount pf business which thr plaingiff did in a year, 1917, the defendant's counsel, querried, "D you keep books?" "Yes," was the answer, "Have you them here?" "Yes," they are in my satchel.' "Can we see them?" "Yes." Slow answers to questions per teining® to expenses of Dalton's un dertaking establishment, were giv en. The plaintiff gave $160 as the total amount concurred in connec tion for the year. This amount, a confirmed hy answers to querrie of Mr. Grant, was to cover for in surance, heat, light and telephone ete.' Only one front room was uses in connection with the undertakin establishment, while the plaintif claimed that he did not keep a ligh burning in this room all the tim: to indicate that it was a busines place. This answer provoked the ounagel who thought it a poor wa cl doing business. Plaintiff did not know what ren! he charged for his front room user by the undertaking departmen'. "Do you own your building?" "Yes." "What did you pay for it." $8,000." "I suppose you have a room fo your office?" "Yes," Witness here explainec that he used the front room. "The front room, the beri roon in the house, --an $3,000 house' querried Mr. Grant, "What are your ta:es there?" "In 19177" "$85." "In 19277" "$100." Stil lanxious to reveal the pla'n tiff's busipess methods, 'hc counse for the defendant wanted to knov details of the expenditures and a=k Mr. Dalton how much his tele phone bill per year amounted rv Witness could not answer to whicl Mr. Justice Kelly was quite bur prised, saying: "Witness, don't you know hov much you pay for your telephone? Mr. Dalton confirmed the pon 'hat this was all included in ths $150 set aside as expenditures. "I should say that is rather low estimate," commented My Grant, Here the defence querried in re gard to the elec'ric light burnin: at night and the additional offic space that the plaintiff uses fo his general busine:s consisting 0 undertaking, piano selling, anc furniture repairing. ; Up until this point the plaint.f! contended that his undertaking work constituted the greater portior of his income. but querried iu re- gard to it, plaintiff admitted the profits were helped by selling a few pianos, Mr. Grant, tired at receiv- ing flimsy answers, demanded the books. "You entered everything in the books?" "Yes." Examinaticn of the books reveut- ed the fact that there was not an individual entry of each piano sold. To this, reply to the effed that entries of this nature were made in a cash book which the plaintiff did not have in court. It was in Osh- awa. Rented Opposition's Hearse "Did you spend any money ua- proving your business?" Mr. Grant asked. "I bought a hearse." "Yes. a motor hearse, and it ws taken away, under a lien a little while after," counsel prompted. "Yes, I had it about a year." "And anything else?" "I bought an ambulance." "I'm told the ambulance broke down and has not been repaired," commented Mr. Grant. "You rent a hearse when you have occasion to use om2?" "Yes." Mr. Grant then querried further regarding the piano business. He pointed out that according to Mw figures given 'he court about 5-6 the business was derived from other sources than the undertaking. Out of $7841 business dome in 1919, Mr. Grant explained that but $1.- 216 came from the undertaking side. Despite plaintiff's own admissions In connection With the installa | 8 goed in 1919 as they were in 1917, where there was mo interfor- +t ence, the profits were lower. A hearse, was usually vented dispose of some undertaking equip- for ome arose and ment, which whon all the deals be- f could not got one, tweem his father and his brother hitby or Brooklin um-|were completed, he held a chattel dertakers, the opposition, The Luke mortgage for some Nurial Company, of Oshawa, was ap- | bore interest of 6 per cent. when f the | from el pealed to. "How long is it since you have [paid ¢ff 'he witmess said had any funerals?" "Two weeks." . "And before that?" "About two weeks." Evidence to show that from Janu- | funeral in question, Mr. Disney ex- ry 1, 1927 to April 1, 1927, the plained that his brother was ill in olaintiff ecnducted only two tun- | bed at the time and that he had erals. His Lordship then lly high. Ccunsel and plaintiff! ereed that there wore more fun- | the use of your automobile for a than any inl vals at this time ime of the year, Satements to the effect that the] usiness of the plaintiff for a num! 1922 to 1926, was rather low, were THE OSHAWA DAILY TIMES, to the efféct that times were just 10 hold the mortgage through ac ; } | pointed out other undertaker. that 'this period of time covered «'proved futile, there was nothing to éakon when the death rate was usu-'do but to do it himself. er of years covering a perioa vr ead by the defendant counsel, Mr. rant. In 1926, two funerals were onducted and the fellowing is the wmber in the other years: ! 1925--5; 1924--7; 1923%--9; an 922--5. Of these twelve were nildren and of this latter number sur were stillborns. "A very small and cheap funeral or the most part," commented Mr. rant. \ "That is the kind of business you ere doing?" asked Mr. Grant and reply in the affirmative was ro- eived. That the pepulaiion of Oshawa 18 grown substantially was also a aint touched upon. In the period 916 to 1927, Oshawa has Increas- 41 from 10,000 population to near- ; 22,000, Mr. Grant explained. "Yes," sald the witness. "Your funerals are increasing, co?" "Yes," Mr. Dalton said. "Is it a substantial increase?" "Increasing a little." "1 see, a little better?" Cross examining the witness, Mr. eid touched upon facts only ana riefly reviewed the evidence as bove. City Clerk Testified "Fred C. Hare, city clerk ehawa?" "Yes." "How long?" "Since 1921." "It is a part of your duty to keep record of all permits issued for yurials?"' "Yes." "Have you prepared a list of all urial permits issued to the Disney 'ndertaking Company?" "Yes, from January, 1922, to De- ar ember 1926." "You have them there?" "Hy es--"" "Jan. 1, 1922, to Dec. 31, 1922 --186. "Jan. 10, 1923, to Dec. 27, 1923 --59. "Jan. 2, 1924, to Dec. 31, 1924 --59, H "Jan. 1, 1926, to Dec. 31, 1926 --36. "Jan. 1, 1926, to Dec. 31, 1926 52." "This record, Mr. Hare, I be- 'eve, does not have anything to do ith deaths outside the city of Osh- va." "1 believe they all ccme from the ty of Oshaw:." Mr. Gideon Grant asked Mr. Hare he has made a survey of the usiness dome in the city by the uke Burial Company to which he oceived a reply in the negative, Ho dmitted, however, after a question nat the business of this firm would mount to four or five times that ¢ the other concerns operasing in shawa. He could not say anything n regard to Dalton's business, part from the fact that he did go: ome funerals. The incident in which L. V. Dis- ey ccnducted a funeral as alleg- 4 by the complainants, was touch- 4 upon by William Henwright, a esident of Oshawa. His wife pass- 4 away in 1923 and Disney's were alled in to take charge of the 'ody. Stan. Disney removed the ody to the undertaking establish- vent and attended to the prelimin- ries befcre the funeral. The wit- ess said he was informed on the jay of the funeral of the iliness of 'tan. Disney and that L. V. Dis- wey conducted the funeral. Emmerson Bertrand, also a citi- en of Oshawa and a realtor, en- 'ightened the court somewhat on the 'act that the undertaking establish- sent was run and operated by Stans ey Disney. He did pot know of any .onnection L. V. Disney had. The sames of a Mr. Prudence and a Mr. Kelly were also mentioned as being employes of the firm These last two mentioned men often times as- sited with the funerals. A Mr. Pearson, tax coilector of Leamington, and a former under- taker, told of meeting IL. V. Wis- ney, in Whitby, some years ago and of going over to Oshawa to look over an undertaking business which Disney had said would be a good opening. He was not interested, powever .and paid no further atten- tion to the matter. Mrs. Dalton, wife of the plaintaus, was on the stand for a few minutes during which time she told of sec- ing Stan. Disney use an automobile at a funeral alleged to have been +hat owned by L. V. Disney. She narrated several instances where bu- siness that should have come to her rusband went to Stan. Disney. Had No Divect Interast L. V. Disney, who sold his under- taking es'ablishmeat to Dalioa aan gave an agreement to the effect that he would mot in any way effect the . was the mext witness cau- ed. © He told of being in the realty business in Oshawa together with a partner, Lyce't. "Have you any business Anger est in the undertaking establish- ment?" counsel asked. «I have mot apart from holding a chattel mortgage." Witness explained that he came a i SATURDAY, OCTOBER 29, 1927 IIH _-- __-- "I dom't thimk it would be that long." i WA the witness stated hig 'her, sold out his business to the opposition in Port Perry. Mr. Dis: ney ¢latmed Ne fixed the hearss up with a motor at a cost of about §1,- 800 aftdr several attempts haa in dealing 1 ' pry Brother, he gg ther some property from fa- Sole Agents for Oshawa $8,000, Yueh been made to sell the vehicle. It SK was later, along with tha other W it any of the principal has been | aquipment sold to the brother ama OOD about $1.- | the latter was to pay off the mort- All kinds of Wocd, good and dry (00. He has made several attelapts to secure more of it by asking. The imterest has all been paid to da.e. Admitting that he conducted 'the gage at the rate of $50 per mon'h and at an interest rate of six per cent. : Querried as to why he tried to have outside parties come in to Osh- awa with a view to starting in the undertaking business, Disney claim- ed he wanted some one to buy Dal- ton out: He tried and the lattar refused. Disney wanted to get back into the undertaking business again. Witness claimed he has been painfully careful not to injure vai- ton's business in any way. No other evidence was heard. COKE a THE FAULTLESS FEUL ck, Th, Liné and Ee arnlcs teams on QUALITY and SERVICE our motto Argue-McLaughlin Coal Co. 110 King Street West Phone 1246 made every effor: to secure an- When efforts "Did you ever allow your brother funeral?" Mr. Grant asked. "Not to my knowledge or with my consent." "Mr. Disney, you sold out to Mr. Dalten in 1916 or 1917?" "Yes." "Your brother was in Port Perry at that time?" ' "Yes." "How long did he stay there?" "A couple of years." "When did you acquire the equip- PAT'S GOOD POINT Pat was a good husband, but occas- ionally he would go on a spree while his family got aolng as best they could. When he died suddenly the aeighbors were shocked, and a kind- v woman, chatting over the fence < Al i fot gi with Pat's wife, tried to comfort her | as regular as clockwork. Not once did he miss all the time we were married. place for him, and, arriving there, i " by telling of Pat's good points. he elected to ? 2 15 sleep in the f ~ JON TVG Your father ih He was such a man i, principle," | Of course, the pay envelope was al- | den. Next aio ds AL full carved hoarse aad other she said. ways empty but look at the principle | look up, he saw his wife observi ully J "And am 1 not the one to know |cf the thing" him from an oepn wi d oe goods $x Holy." t," replied the wife. "Sure, and every meer " 8 Windaw. TStut 1 can't say definitely. Saturday night from the first day we After spending the greater part | 'Nat Window." We yelled. "Do you want cold?" "A couple of years after," ven- me tured Mr. Grant. of the evening with his friends, to catch my death of John decided that home was the vere married didn't he come home and place his pay envelope in front of me $5,000.00 CASH PRIZES A FORTUNE $2,00000 FOR YOU! 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