JUDGMENTBY: EDGAR JOSEPH JR FCJ

EDGAR JOSEPH JR FCJ The issues in the action, which led up to this appeal, may be summarized thus:

8 November 1995

(1) Did the respondents to this appeal, who are both brothers and the registered proprietors of certain land comprised in Lot 532, Mukim 7, Daerah Seberang Perai Selatan, in area four acres three roods 0.5 poles (the land) authorize Messrs CP Ang & Co, Advocates and Solicitors, to conclude a contract of sale and purchase, in respect of the same, on behalf of the respondents and in favour of the appellants who are also both brothers?

(2) If not, whether it could be reasonably inferred, from the evidence of the surrounding circumstances, that the respondents had ratified the unauthorized bargain struck by Messrs CP Ang & Co?

In the court below, the judge answered the first question in favour of the respondents and dismissed the appellants suit for specific performance of the contract of sale and purchase of the land. However, he did not answer the second question. From the whole of that decision, the present appeal has been brought.

It would be more convenient if I were to refer to the appellants, as the first and second plaintif