VC George J:

[1] The plaintiffs' claim is for RM114,388.96 for goods sold and delivered. A statement of defence was filed. The plaintiffs took out O 14 proceedings and obtained summary judgment for the amount claimed with interest and costs. The defendants have appealed against that order.

[2] The goods in question were 84 bundles of sawn keruing timber. The plaintiffs are suppliers of timber and the defendants are timber traders.

[3] The defendants' contention is that they had not ordered the timber. They say that it was one Chieng Hieng Ung (who turned out to be their managing director) who had ordered the timber for himself and that he had required the plaintiffs to deliver the bundles to the defendants. They had accepted delivery on behalf of Chieng and were not responsible for the cost of the timber.

[4] In support of their application for summary judgment the plaintiffs exhibited all the delivery orders in respect of the timber supplied the price for which they are suing for. Each of the delivery orders is addressed to "Messrs. Genagco Sdn Bhd." Mr chieng's name is not mentioned. Receipt of each delivery has been acknowledged. The plaintiffs also exhibited the invoice add