JUDGMENT

VC George J:

Paragraph 3 of the statement of claim is as follows:

3. The Plaintiff's claim against the defendant is for the sum of RM129,353.90 being the balance price for goods sold and delivered to the defendant at the defendant's request and the sum of RM32,967.45 being the accrued interest as at 30 June 1983.

Particulars

Principal sum RM220,323.86

Less:

Payment in November 1982 RM30,000

Payment in February 1983 RM40,000

Rebate by mutual agreement RM20,969.96

RM 90,969.96

RM129,353.90

Interest accrued thereon as at 30 June 1983 RM 32,967.45

This paragraph was dealt with by the defendants in the statement of defence filed as follows:

3. Paragraph 3 of the statement of claim is denied and the plaintiffs are put to strict proof thereof. The defendants in particular deny that they ordered the timber from the plaintiffs for which the plaintiffs are now claiming or that the plaintiffs can claim interest or at all.

The plaintiffs in February 1984 took out O. 14 proceedings and exhibited inter alia what was purported to be the actual orders placed by the defendants for the goods. It was alleged that on delivery of the goods acknowledgment of receipt thereof was made on the dupl