Ong J:

This is an appeal against the decision of the High Court at Ipoh dismissing a claim by the appellant for $47,350.93 as being the cost of certain extra works on a temple building which he alleged he had carried out at the respondent's request.

The appellant is a building contractor and the respondent is the superintendent of a Chinese Temple known as Tet Shen Tong Temple at Jalan Bendahara, Ipoh. At some date prior to the issue of the writ in this action the respondent became the registered proprietor of a piece of land on which the temple now stands. It would appear that some time in 1953 the Teochew community of Ipoh decided to put up a temple for public worship with moneys to be contributed by its devout members, and a Temple Committee was set up, with one Choo See Kee as Chairman and one Khoo Meng Kee as Vice-Chairman and Treasurer. The respondent was not on this Committee, although she was in some way interested in the plans for the building as early as 10 December 1953.

On or about 27 February 1954, a building contract drawn by an architect in standard form was signed by the appellant as contractor, and by the said Choo See Kee and Khoo Meng Kee, represent