JUDGMENTBY: AMBROSE J, BUTTROSE J, TAN AH TAH AND WEE CHONG JIN JJ, LORD GUEST

AMBROSE J In this suit the plaintiff, who is a lighterage contractor, seeks to recover demurrage amounting to $ 30,711.60 from the defendant company under an oral contract alleged to have been made between the parties on or about the 18th October, 1958.

The first question to be decided is whether the alleged contract was made between the parties. The plaintiffs evidence is to this effect. About the middle of October, 1958, he was informed by one K. K. Khoo that there was a consignment of rice for transhipment. The following day Khoo took him to the defendants office, where he met Goh Leh, the manager of their shipping department. There was an Indonesian gentleman present. Goh Leh said that he wanted to give the plaintiff a contract for transhipping rice, that the plaintiff was to do the lightering, stevedoring, towing and sewing of bags, and that the ship would be arriving in two days time. He asked the plaintiff to make the charges as reasonable as possible. The charges quoted by the plaintiff were these:

$ 2.25 per ton for lighterage,

.70 per ton for demurrage,

$ 1.40 per ton for stev

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