In this action the plaintiffs claim the sum of $892,611.77 being the balance due from the defendant to the plaintiffs for goods sold and delivered and for commission and for certain partnership trading business in rubber and latex.

Soon after the institution of this action an application was made by the plaintiffs for summary judgment. This was refused by the deputy registrar who granted unconditional leave to defend. The plaintiffs appealed to the judge-in-chambers, who affirmed the decision of the deputy registrar.

In the amended defence filed herein the defendant avers that, subject to certain specified items, the goods allegedly sold and delivered to the defendant were, in fact, never sold and delivered. The defendant also alleges fraud. In regard to the claim relating to the partnership business in rubber and latex, the defendant counterclaims against the plaintiffs for moneys due to him in accordance with an oral agreement entered into between the parties in May 1976. In short, there is considerable dispute between the parties as regards partnership accounts as well as the accounts relating to the goods allegedly sold to the defendant.

Following a summons-for