APALOO J.: This is an appeal from the judgment of the High Court, Sekondi, delivered on 22 December 1961. In that suit, the court entered judgment for the plaintiff-respondent firm (hereinafter called the firm) against the defendant-appellant (hereinafter called the defendant) for the sum of £G502 10s.
The plaintiff is a firm carrying on business at Takoradi. The evidence shows that its business is that of purchasing timber for export. The defendant is a timber contractor and was, at the time material to this case, resident at Bibiani. It would seem that he was not in business in a large way and clearly had no means of transport. One Kwesi Nifah normally carted and sold his timber for him and it would seem, the sales were usually made to the plaintiff firm. The firm learnt of the defendant from Nifah and according to the defendant, expressed a desire to see him.
The evidence shows that the defendant called on the firm in December 1959 and a rather informal sort of agreement was entered…