1943 Present: Soertsz S.P.J. and Hearne J.

ALARIS, Appellant, and WIJEYSEKERE, Respondent.

380-D. C. Colombo, 9,158.

Broker-Purchaser of goods himself-Not an agent of seller to attach liability to the latter on a memorandum signed by the former-Contract contained in several documents-Proof of contract-Sale of goods for payment against delivery-Delivery by instalments-Failure to pay on delivery-Breach of contract.

Where a broker purchased goods for himself he cannot sign a note or memorandum even under an assumed name as agent of the seller in order to make the latter liable to be charged on a contract evidenced by such note or memorandum within the meaning of section 5 of the Sale of Goods Ordinance.

Where it is proposed to prove the existence of a contract by several documents it must appear upon the face of the instrument signed by the party to be charged that reference is made to another document and this omission cannot be supplied by verbal evidence. If, however it appears from the instrument itself, that another document is referred to, that document may be identified by verbal evidence.

Where a contract for the sale of goods