The question before me was simply, what was the proper construction to be given to Section 42 of the Contracts Act where the promisee accepts the performance of the promise from a third party. Can the promisee still enforce the agreement against the promissor? The first defendant, who was the promisor with the second defendant, says under the circumstances it was not liable to the plaintiff the promisee, but the third party. The plaintiff, a limited company, was a repairer of machines. The first defendant was the owner, namely of a Cummins gravel pumpset. The second defendant was an insurance agent for N.E.M. Insurance Berhad with whom the first defendant insured the machine. At some stage or another, the first defendant and the second defendant took the machine to the plaintiff to do certain repairs. They agreed to pay the plaintiff the sum of $37,115.77 based on the quotation to be submitted to and approved by the insurance company. The quotations were duly submitted by the plaintiff and the insurance company it seems issued instructions and gave approval for the repairs to be effected by the plaintiff to the value stated less $2,500.00 deductible under the excess c