JUDGMENT
FOSTER-SUTTON P.
This was a claim for damages against the defendant company for breach of an agreement under which they, in return for certain felling rights in the Numia Forest Reserve granted by the plaintiff, undertook, inter alia, to supply the plaintiff with forty-eight exportable logs every month out of those felled by them in the Reserve, to consist equally of mahogany and secondary species, for a period of six months.
The defendants admitted obtaining sixty-five mahogany logs and 143 of other species from the Numia Reserve out of which they supplied the plaintiff with thirty-one and forty-eight, respectively. They maintained that it was not possible under the permit issued by the Forestry Department to supply the plaintiff with the number of logs required by the agreement, and the present proceedings were instituted by reason of their failure to do so.
The learned trial judge found as a fact that it was impossible for the defendants to supply the full number of logs requi…