“ The Port Banga Lumber Company instituted a proceeding November 14, 1910, and afterwards filed an amended complaint, against appellant, the Export & Import Lumber Company, wherein it alleged that in March or April, 1910, the two companies entered into an oral arrangement to sell logs in the China trade upon joint account,-the proceeds to be appropriated first to expenses and then equally divided; appellant, on May 6, 1910, agreed to furnish to the China Import & Export Lumber Company logs at 90 cents per cubic foot ”

“ Counsel admitted of record that 32,032 cubic feet of logs were delivered by complainant to the China Import & Export Lumber Company; and unquestionably appellant collected therefor 90 cents per foot, $28,828.80, less $8,750.
The court below held (26 Philippine, 602; 27 Philippine, --) the contract of June 10th was procured by fraud; the rights of the parties depended upon the oral agreement; the deduction of $8,750 from stipulated sale price should be taken into consideration; complainant was entitled to its expenses of $7,211.43 ”

“ Our jurisdiction depends on the amount involved; and a motion to dismiss must be sustained unless, from a consideration of the whole record, it fairly appears that 'the value in controversy exceeds twenty-five thousand dollars.' Act of July 1, 1902, chap. ”