James Foong J:

This is an appeal from the decision of the learned Magistrate in Johor Bahru where he gave judgment against the appellant for the sum of RM18,625.31 as claimed by the respondent.

The facts of this case are rather simple and not in dispute. The appellant was a sales executive with The East Asiatic Co. (Malaysia) Bhd. which at the material time sells John Deere' tractors. He secured a purchaser, the 1st defendant, for the purchase of one John Deere tractor. In order to complete the sale he arranged hire purchase financing with the respondent for the 1st defendant which culminated with a Hire Purchase Agreement (P1) between the parties. In order to 'convince' the 1st defendant to purchase the said tractor, the appellant executed a Deed of Guarantee for the due performance of the 1st defendant of the terms stated in the Hire Purchase Agreement.

It is not in dispute between the parties that both the Hire Purchase Agreement and the Deed of Guarantee were signed by the 1st defendant and the appellant respectively on or before 11 January 1984. It is also not in dis- pute that when the Deed of Guarantee was executed by the appellant, it was a printed form with rele