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1972 MarsdenLR 103

FEDERAL COURT KUALA LUMPUR
THAM CHEOW TOH – Appellant
Versus
ASSOCIATED METAL SMELTERS LTD – Respondent


Petitioner Advocates:Edgar Joseph Jr ,Respondent Advocate: J Puthucheary

JUDGMENT

Ali FJ:

[1] By a letter dated 28 April 1966 the appellant wrote to the respondent giving a quotation for the supply of one unit specially constructed tilting type lead melting furnace as per specification mentioned therein. The appellant offered to deliver it in about four weeks time after receiving from the respondent a confirmation of the order. Some four months later, the appellant again wrote on August 13, 1966 giving another quotation for slightly higher price and promising to make delivery in about 45 days after confirmation of the order. The specification of the furnace so far as it is relevant to the present dispute was expressed in these words:

"The refractory used in the melting hearth will be Alumina Silica which can withstand temperature up to 2600 degrees F. The gas burner used will be of gas-air premix type which can produce to 2,000,000 BTU per hour with the aid of a 2 HP blower."

[2] The order was confirmed by the respondent writing on August 29, 1966 as follows:

"To

Tham Engineerng Works,

3, Jalan Ampat,

Chan Sow Lin Road, KL

Please supply one high temperature tilting type metal melting gas fired FURNACE, generally as your quotation dated 13 August 1966 @ $16,000 (

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