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 fro

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