1912 Present: Lascelles C.J. and Wood Renton J.

SILVA v. FERNANDO.

232-D. C. Colombo, 33,516.

Quantum meruit-Quasi contract-Agreement to give share of plumbago for pumping water from, mine-How far persons who were not parties to agreement are bound to pay for services rendered.

B agreed to give A a one-fifteenth share of the plumbago from B's pit in consideration of A working certain pumping machinery, which drained the mines of A and B. C worked B's pit on an agreement with B. In an action by A against C, the District Judge held that the defendant was not bound by the agreement between A and B.

Held, on appeal, affirming the judgment, that plaintiff was not entitled to succeed even on a quantum meruit or on the basis of an implied contract.

THE facts appear sufficiently from the judgment.

Elliott, for the plaintiff, appellant.

No appearance for the respondent.

Cur. adv. vult.

July 5,1912. LASCELLES C.J.-

The plaintiff by his plaint averred that by indenture of February 15, 1908, made between the plaintiff of the one part and A. H. Fernando and others of the second part, it was agreed that the parties of the Second part should give