SACKEY vs. FATTAL

(His lordship examined the evidence of those witnesses, and proceeded—) Upon the evidence of the defendant, it appears to me that another most important question calls for determination as an issue preliminary to that of the relationship established between plaintiff and defendant as a result of the transaction between them. That preliminary question is: What was the nature of the relationship between the defendant and Messrs. Maurice Sherbance of Japan? For the proper determination of this question it is necessary to consider some of the documentary evidence, together with the oral evidence. Attached to Exhibit “C” (Order No. 8) is a document dated January 7, 1956. The first three entries on that document are as follows:— “Shipment Samples Your Order No. 8 Contract No. T 1090” A similar document in the bundle of papers tendered is dated the 30th January, 1956. These documents indicate that, for every order placed, there was a contract entered into between the suppliers...