1928 Present: Schneider, Garvin, and Dalton JJ.

DE SILVA v. JUAN APPU.

302-D. C. Galle, 24,333.

Contract-Agreement by brother to give sister in marriage-Public policy-Validity.

PER SCHNEIDER AND GARVIN JJ, (Dalton J. dissentiente).

A contract by which a brother promises to give his minor sister in marriage before a special date and undertakes absolutely, that if his promise remains unfulfilled by that date, he will pay a sum of money, is invalid.

THE plaintiff sought to recover from the defendant a sum of Rs. 3,000 as damages for breach of an agreement entered into between them which was in the following terms: -

"I, Ambalangodage Juan Appu de Silva, whose signature appears on the 6-cent stamp below, do hereby promise to give in marriage one of my sisters, A. Mapi Nona, to A. Richard de Silva of the same village before the expiration of two years from the date hereof. If this falls through or if for some reason such as any objection raised or being raised by me or any other member of the family this cannot be carried out, then I further bind myself to pay on demand a sum not less than Rs. 3,000 to the said A. Richard Silva either as a