May I, 1891.] 
753 
THE TROPiCAL AGRICULTURIST. 
' mumm mr'r , ' , rrrnrrrrrty m ' ymt^gss3ttry^ 
sale the tendeucy cf the artio'e has slightly iiuprovi d. 
PHA^^MACB^JT 1 CAL BaKK.— S uccil’ut'l'a WAS ii'eely ot- 
fered but it must be observed that ilu rc were many 
parcels amtiiiSi. ibcui, which were bought by tho fac- 
tories as “ hue dust” with a relatively high, percentage 
of sulphate of quiuiue, and which th iclorc ought to 
ranlc as factory barks. 
Quills. — Fine, silver-grey, quills well covered with 
moss fetched continually firm prices and larger ship- 
ments of these would undoubtedly be welcome. The 
highest price was paid for a parcel of officinaiii stem 
bark quills, only 25 centimeteis in leiigih, but of a 
beautiful typical appasranco and well grown over 
being f. 1'15 per i kilo. Inferior qualiUes will no doubt 
have frequently given disiippoiotmtut to growers 
when sold here. When the bark ij dark aud smooth 
without moss cr silverccat it docs not pay to make 
it into quill shape ; it is more aavaiitageous to griud 
these barks to du-u. In the case of fine but thin biuk 
of good colour, which it is desired to ship as quills 
it IS advisable to pay less attemion to o't taining long 
quills, but to roll them well (not loo broad, but straight 
pieces, well assorted aud couvenient for packing iucases). 
'i'he result obiainsd by a tow shippers with produce of 
only average intrinsic value but which had been pre- 
pared with gri at knowledge and care, has proved the 
great advantage that can be derived 111 thii way. 
Bboken Quills AND Bold Bust.— Succirubra, in bold 
thick pieces, coated with moss aud iiule dust always 
finds ready buyers at relatively high prices. Except 
lioni tho Govornin.-nt p'.antiuicna, wliere very old trees 
are found, very tow pai cels of the desired quality ap- 
pear ou lha market. Thinmr younger bark, if of good 
colour and free Irom dust, sucu as private growers can 
also furnish also finds buyers howeiorat comparatively 
good prices. 0. SubuLkratt, on the C-jutracy remains 
low in price. H. A. Van OVERZBE, Jk, Broker. 

AN ACTION ABOUT CINCHONA BARN. 
A PL.tNTER COMPLAINS OF HIS COLOMBO AGENTS FOB 
HOLDING UI3 BARK CONTRARY TO INSTRUCTIONS. 
Baker and Hall v. E. P. ITilmot. 
(U. 0. Colombo No. 1,027.) 
This was an appeal from the judgment of Mr. J- 
Grenier, Acting Bistiicl Judge of Colombo. 
Mr. Wends (Mr. iijrnhorst wish him) appeared in 
support ot the delendaut’s appeal. 
The Attorney -General (Mr, Brovvno with him) for the 
plaintiffs, respondonlp. 
Mr. Doruhorst roplud, and tlie Court took time to 
consider its judgment. 
On 4th Maicli IStil the following judgments were 
dehveted ; — 
Dias, J. — Tbs defendant in this case is an estate 
owner, aud the plaintiffs are C.luinbu merchants. It 
was agiecd between the parties that the deteiidaut 
should forward to the plaiutifls at Colombo his cin- 
chona bars, and that tho iilaiutiifs should cure, propaie 
aud ship it 10 their agents in London lor sale; that the 
plaiutitf.s should draw ou tiieir agents against the 
back, aud the proceeds of tho dralls should be paid 
over to the defendant, and if tim l ark wheueoidiu 
London should lail to realise sutlicieat to covi r the 
dralt.^, then tho dofem'aut should make go,.d to the 
pla'uuffs the deficiency, with ll.o uso;,l mercantile 
charges. Accordingly, from 26th Dec. 1887 to lOih 
Ajiril 1883 cinchona b .rk WHS sent by defeinlaut to the 
piamlifis who shippol it to L mloii, lor sale, whiih 
resulted m a re dcficieiicy of Ill3,2fO-9:;, of wliich lUu 
defc-iulai.t paid plaintiffs 1{1,500, Ivaiiog a b.ilanee of 
RJ,'/40’03 in favour ol the pli-imiffc, anJ this action 
i-t brought to recover tlialamount wi'h iii erest. 'i'ho 
contract as it is sol out in t!;c libel is not denied, but 
the defendant adds another condition tu it, wluch is 
that the piaaitiifs should not sell tho bark for any 
lirico loss thin 81 per unit cl suipbatc ofquioiue in 
B ch bark, tho unit being oue pe-r cent cl llie weight 
of theba-k. Tho defeudant says that till Nov. It8d 
the plaiutifis held in London 23,765 lb of the defen- 
dant’s bark, and that in December 1887 aud Jan. 1888 
the market price lor such baik was 3d per unit, when 
it was the plaintilfs’ duty to fill, but they did not and 
sold in Oct. 1888, when the market prico bad fallen to 
2d per unit— that il the bulk hud been sold in Dec. 1887 
and Jan. 1888 it would have fedched £508 13a 3d, the 
plaintilf’a claim would bo less by R2, 788-48, and the 
difference in favour of the plaintiffs would theu be 
R748 02, which the dtfendaut brings into court. There 
is also a ehiim iu reconventien by the defendant, which 
ill the view I take ot the case need not be noticed. In 
the repiioaliou the plaintiffs denied the new contract 
set up by defendant, aud they also denied that in Dec. 
1837 and Jan. 1888 bark like the defendant’s was 
-worth 3d per unit. 
Two questions arise for consideration, viz. (1) 
whether tho plaiutills were expretsly prohibited by 
defendant from selling below the 3d., aud (2) whether 
the market price of cinchona like the defendant’s iu 
Deo. 18b7and Jan. 1888 was 3d per unit. The corres- 
pondence between the parlies has been summarised by 
the District Judge, aud the result arrived at by him is 
that the defendant gave the plaintiffs a cii.scretion as 
to the price, and this tiuding 1 think is fully borne out 
by the letters. On the second question the evidence is 
ail on one side. It appears that by a mere accident 
the I rice of e-incboca in tho Loadou market on the 
6th December 1887 bad reached the figure 3d, but when 
we come to oousider the circumstances under which 
public sales of cinchona bat k are lield in Loudon, the 
plaiuiiils cannot be expected to fersee that on a par- 
ticular day iu the month of December Ciiichoua bark 
would realise 3d per licit. In a carefully considered 
judgmont the District Judge gave 'plaintiffs judgment, 
aud I am not prepared to intertere with it. Affirmed. 
Clarence, J.— I think that the Judgmout of the 
Couit below is right. The evidence does not sustain 
defondaut’s averment that there was an agreement not 
to sell for less than 3d per unit. The letter of defen- 
daut, to which plaintiffs’ letter of October 4th 1887 was 
tha reply, is not before us, and all that appears is that 
defendant wished to get uot less than 3d per unit, 
and plaintilfs then assented to let their London Agent 
hold the bark for the present, in hopes of the market 
reaching that price. 'The market afterwards about 
December 1887 momentarily touched 3d and then 
drooped. Plaintilfs, with defendant’s approval, held on 
till Oolober 1883, aud then iu despair ot auy improve- 
mrnt in the market sold for about 2nd, Nor do I 
think that the evidence discloses auy breach of duty 
on pliiintiii’s part iu selling under 3d. It is, 1 consider, 
sufficiently shewn that the rise in December 1887 was 
a sudden and unexpeated rise of merely momontary 
duration and that, having regard to the time required 
for preparing lots for sale, no negligence can be im- 
put'd to plaintiffs iu not having seized this momen- 
tary rise'. Nor, indeed, am I satisfied that defendant’s 
bark, if thrown on the market at that moment, would 
have commanded the full 3d rate, I agree that this 
appeal fails and should be dismissed with costs, — Local 
“ Examiner.” 
Sale op Estates, — The sale and purchase ot estates 
in C/cylon goes on merrily-, and hardly a week passes 
but we_ havoto record properties ebatgiug hands, soiue- 
tiiiios in tho island, though often the purcliasers are 
home capitali-is the safety of Ceylon estates as a 
profilable iuvestraei t having apparently at 1-ast become 
evident to investors at home-. We hear for instance 
that a Syndicate at home is now iu treaty for the 
puicliase of tho properties of Mr. F, M. Corbet which 
led to the now famous litigation with the Ceylon 
Company, wliilo a telegram was received yesterday 
by Messrs. E. G. Harding & Co., to the effect that 
tho estates in Rakwana of Blr. 0. Shand— Barra, Raug- 
we.ltemie, and Springwcod — have been sold to a 
Syndicate, the nani' s of whom were not mentioned, 
while the pries is also unknown, but Messrs. E. G. 
llardii g & Co., '.i ho have been appoiuud by wire to 
look after tho iulorests of the purchasers, will know 
soon by mail. — Local “ TL-nos.” 
