C.S.A. WOODWORKS LTD V. G. IGBINEDION

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): The plaintiffs' writ of summons in Suit No. 1/171/64 in the High Court, Ibadan, was endorsed as follows:

"The plaintiffs' claim against the defendant is for the sum of Nine Hundred and Ninety-Four Pounds Eight Shillings and Four Pence (994 pounds:8:4d) being money owing by the defendant to the plaintiffs in respect of work done in, and materials supplied for the defendant's house at Feleye Layout, Molete, Ibadan, by the plaintiffs at the request of the defendant.

The defendant requested for the work and took delivery of the materials from the plaintiffs between August, 1963 and February, 1964 but has failed to pay to the plaintiffs the balance of 994 pounds:8:4d due from him to the plaintiffs despite the plaintiffs' repeated demands."

The relevant paragraphs of their Statement of Claim read:

"4. In July 1963, the defendant orally requested the plaintiffs, through the plaintiffs' Woodwork Manager, to supply materials and undertake …