RAJA AZLAN SHAH, SALLEH ABAS, WAN HAMZAH
LAU HEE TEAH – Appellant
Versus
HARGILL ENGINEERING SDN BHD – Respondent
Wan Hamzah J:
In his statement of claim the plaintiff alleges that the first and the second defendant companies made certain fraudulent representations to him which led him to enter into a hire-purchase agreement with the second defendant company to purchase One Euclid L-20 Loader (which I shall refer to as the loader). He therefore claims for declaration that he is entitled to rescind the agreement, and also claims for damages against both of the defendant companies. Both of the defendant companies deny these allegations. The first defendant company also denies the plaintiff's allegation that it had sold the loader to him. From the evidence I find that the true relationships among the plaintiff, the first defendant company and the second defendant company are as follows. The employees of the first defendant company offered to sell to the plaintiff the loader which was in its possession, and carried out negotiations with him which led to the making of the hire-purchase agreement (at pp. 6 to 9 of Exh. A) and arranged for the transaction leading to that agreement, wherein he agreed to take the loader and the second defendant company agreed to let it to him on hire-purchase.
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