MacIntyre J:

This is an appeal and a counter-appeal from the judgment of Raja Azlan Shah J in Kuala Lumpur High Court Civil Suit No. 1319 of 1964. The appellant's claim against the respondent company was for the sum of $91,445 with interest at 60 per annum from 24 December 1964 to date of realisation and costs. The particulars of the claim as stated in the specially endorsed writ are as follows:

(a) Amount due on account of plaintiff's materials used and damaged by the defendant company while erecting machinery in factory .. $13,800

(b) Alteration to original construction of office and two stores on lot Nos 249, 250 and 979 at $13,595 each for three buildings .. $40,785

(c) Fifth progress payment recommended by the architect in accordance with the work completed but defendant company failed to pay $36,000

(d) Plaintiff's hard-core stores used by defendants .. $500

(e) Plaintiff's property three wheelbarrows used by defendants to cart stones damaged at $40 each .. $ 120

(f) 4" x 6" pillars (hardwood) at $60 each (used by defendants) .. $ 240

Total: $91,445.

At the trial, the appellant abandoned his claim under items (d) (e) and (f) above, thus reducing the total cla