Lord Guest:

This appeal is from a decision of the Court of Appeal of the State of Singapore allowing the respondents' appeal against the judgment of Ambrose J in the High Court of Singapore awarding the appellant $30,711.60 by way of demurrage under a contract for the transhipment of cargoes of rice.

The appellant's evidence was that on 18 October 1958 he and Goh Leh acting on behalf of the respondents had made a verbal contract whereby the appellant was to act as the lighterage contractor of the respondents. Rates of payment for the appellant's services had been agreed, including demurrage of 60 cents per ton. It is common ground between the parties that the appellant transhipped cargoes of rice from two steamers, the "Planet" and the "Incharran" which had arrived at Singapore on 21 October and 27 November 1958 respectively. These cargoes were ultimately bound for Indonesia on coastal steamers. The respondents paid the appellant $71,128.71 for lighterage, towing and stevedoring of these two cargoes.

Goh Leh gave evidence for the respondents denying that he had ever discussed rates and conditions of lighterage with the appellant. The respondents denied that any contra