Raja Azlan Shah J:

[1] This is an application for summary judgment under RSC O 14. The plaintiffs claim a sum of $704,762.51 against the defendants for the sale and supply of turbo fuel to their aircraft, Boeing 707, Registration No 9M-AQD at various airports - Nairobi, Plaisance, Zaventem, Gatwick, Subang, Karachi, Essanboga, Luxemburg, Bangkok and Athens - for the period between June 1971 and September 1971. The particulars are annexed to the statement of claim which was filed on 25 November 1971.

[2] On the same day the plaintiffs applied for and obtained an order of attachment before judgment against the said aircraft. The said order was set aside on 27 November 1971. This now forms the subject matter of a counterclaim for defamation against the plaintiffs.

[3] The defendants filed their statement of defence on 8 December 1971. Save that the supply of fuel is admitted, the defendants deny all liabilities. The forefront of their defence is that they agreed to accept the supply of fuel by the plaintiffs upon their promise and undertaking that the price thereof ab initio would be fixed and adjusted when a formal contract is executed. They say that on the faith of that arrange