JUDGMENT

Ian H.C. Chin J:

This action concerns the plaintiff and the 2nd defendant. The plaintiff sues the 2nd defendant on a guarantee agreement dated 18 March 1983 ("guarantee") for the sum of RM270,336.20 and interest which sum was the amount still owing by the 1st defendant under a loan agreement cum assignment dated 18 March 1983 ("loan agreement"). At the close of the plaintiff's case, the 2nd defendant elected to submit that the plaintiff had failed to prove its claim. The evidence, including documents admitted by agreement as evidence and facts agreed to in a statement, are these.

The 1st defendant, who was the wife of the 2nd defendant, bought a warehouse from a developer under an agreement dated 14 October 1982. She applied for a loan from the plaintiff and the plaintiff by a letter dated 8 March 1983 (exhibit PB(15)) offered to lend the 1st defendant RM217,000 to help finance the purchase of the said warehouse subject to the condition, inter alia, that the repayment of the loan be guaranteed by the 2nd defendant. Wong Fui Cheng, an officer of the plaintiff, testified that a completed data form relating to the 2nd defendant was received after it was sent to the 1st defen