Lord Darling. -

This case was tried by Sir James Murison, Chief Justice, and the nature of the matter in dispute is sufficiently stated by him in these words :

The plaintiffs in this case sue the defendants for $10,164 for breach of contract to take delivery of fifteen tons of Singapore Standard Flat Bark Crepe at $1.03 ¼ per pound. The defendant denies that he ever made such a contract. The damages represent the difference in price when the rubber in question was sold in the open market after defendant's repudiation of the agreement.

The only issue is whether defendant made the agreement or not.

The plaintiff says that the agreement was made on his behalf by Cheng Kee, clerk of Messrs. Green and Collier, Brokers, with the defendant on 4th August 1925.

The burden of proof lies upon the plaintiff. His witnesses are Cheng Kee, clerk to Messrs Green and Collier, and Mr. Green.

The Chief Justice was not satisfied that the plaintiffs had proved the making of the alleged contract, and he, therefore, entered judgment for defendant. On appeal to the Supreme Court of the Straits Settlements, this judgment was set aside and judgment entered for the plaintiffs for the amount claimed, Mr. Justice R