T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Suit No. LD/130/69 the plaintiffs, herein appellants, through a firm known as Messrs Adana Brothers placed an order for the advertisement of their business names and undertakings for publication in the 1969 Year-Book published by the defendants. The cost of a full page advertisement therein was 40(pound), which was paid through Messrs Adana Brothers.
When placing the order with the defendants, Messrs Adana filled in and forwarded to the latter advertisement form exhibit D showing his client, title, mid-year space, date, position and his own rate of commission. As it happened, the defendants failed to insert the advertisement in the Nigeria Year-Book for 1969 in accordance with the order and, when sued contended that Messrs Adana were never their agents for acceptance of the advertisement in their Year- Book and that, even if they were such agents, they were too late in submitting their proof of the advertisement in question. T…