Raja Azlan Shah J:

This is a claim for goods sold and delivered to the defendants (the Commissioner of the Federal Capital, Kuala Lumpur). The plaintiffs are a firm dealing in hardware. The plaintiffs are a firm dealing in hardware. They allege that on eight separate occasions the defendants through their authorised agent or employee ordered and took delivery of changkols and scythe blades to a total value of $4,217.

The circumstances giving rise to the present claim are quite clear and undisputed. On 17 November 1964 the manager of the plaintiff firm received a telephone call purportedly to the from the Municipal Health Department, Kuala Lumpur; asking for quotations for changkols and scythe blades. After being told of the prices, the caller, who spoke in Tamil informed the manager that he would issue a local order and send it through a messenger. He further requested the manager to deliver the goods to the messenger. About one hour later Rajamanikam, the office messenger of the defendants' health department, arrived wearing the authorised uniform of the defendants and presented a local order to the plaintiffs' manager. The local order was, in point of form genuine inasm