BOUSTEAD et al. v. VANDERSPAR & CO.

BOUSTEAD et al. v. VANDERSPAR & CO.

[Kokarakande Estate Case.]

D. C. Colombo, 21,506.

Written contract-Oral evidence-Inadmissibility-Latent ambiguity-Evidence Act, ss. 92 and 95.

Messrs. B & B entered into a written contract with Messrs. V & Co. to sell to the latter " the whole crop (January to December, 1904, inclusive) of Kokarakande estate made into green tea at 39 cents per pound." There was no estate by the name of Kokarakande. It was only a block of 50 acres forming part of Deviturai estate. In an action by Messrs. B & B against Messrs. V & Co. for damages for refusing to take delivery of certain quantities of tea tendered under the contract, the plaintiffs sought to prove by oral evidence that the words " the whole crop of Kokarakande estate made into green tea " were intended to mean the whole crop of the leaf from the fields on Deviturai estate which had been picked within six months of pruning, and that the words " Kokarakande estate " were merely used " as a mark or trade name."

Held, that such evidence was inadmissible, its effect being to vary the terms of the written contract.

APPEAL by the defendants from judgment of the Additional District Judge of Colombo (Mr. F. R. Dias).

The defendant company entered into a contract with the plaintiffs for the purchase of certain tea by letter No. 23/1,292, dated 14th December, 1903, which was as follows: -

Forbes & Walker.

Contract No. 23/1,292.

L. T. Boustead, Esq.,                                                                                          Colombo,  14th December, 1903.

Nuwara Eliya.

DEAR SIR,-WE beg to confirm sale made by us this day on your account to Messrs. J. J. Vanderspar & Co. of the whole crop (January to December, 1904, inclusive) of Kokarakande estate made into green tea at 39 cents per pound; packed in half chests, the buyers being credited with any bonus paid by the Thirty Committee; to be delivered as manufactured.

The quality to be nearly as possible the same as the samples handed buyers.

The proportion to be approximately: young Hyson 40 per cent. Hyson 40 per cent., Hyson No. 21 1\2 percent., gunpowder 9 1\2 per cent., siftings 9 per cent.

The sellers bind themselves not to sell any tea under Kokarakande mark outside this contract whilst the above-mentioned teas are under delivery. Any dispute that may arise in connection with this contract to be settled by arbitration.

Yours faithfully,

 Per pro FORBES & WALKER,

 A. H. BARBER,

Brokers.

The crop for the year is estimated at 100,000 lb. to 120,000 lb.

The terms of this contract were subsequently altered by letter  dated 30th May, 1904, which was as follows:-

Colombo, 30th May, 1904.                                                                        Messrs. J. J. Vanderspar & Co.,

Colombo.

Re Kokarakande Crop, 1904.

DEAR SIRS,-WE are authorized by our principals to agree to your request that the balance of the crop from above estate be converted into black tea at 37 cents per lb., with your option of reverting to greens at the original price of the contract, viz., 39 cents, one month's notice being given the seller of such intention.

All teas now manufactured or being manufactured to be taken over unreservedly at the contract price, with the exception of invoice No. 9, which is now under dispute.

In the event of green teas being returned to, the contract price is to revert to 39 cents, regardless of the present standards which are now null and void, and all future green teas manufacture will be carried out as far as possible according to your own wishes, provided no additional cost is entailed to the estate.

Please confirm this arrangement to permit us to give the necessary instructions to the estate.

Yours faithfully,

FORBES & WALKER.

The plaintiffs, alleging that the defendant company had in October, 1904, refused to take delivery of certain quantities of tea tendered in terms of the said cont

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