IJALE V. LEVENTIS & CO. LTD

BRETT, J.S.C. (Delivering the judgment of the Court):-

This is an appeal by the plaintiff against the judgment of De Lestang, C.J., Lagos, dismissing his claim for sums amounting to £20,587-2s-8d. The appellant was employed by the respondent company as a “produce sub-buying agent” in Lagos from the 19th May, 1950, until the 12th June, 1953. He received advances for the purchase of produce, for which he was required to account, and he was remunerated by a monthly salary of £25 and by commission on the produce he bought; this remuneration was not paid to him at regular intervals, but was credited to him in the books of the company pending a settlement. On the 25th July, 1953, the company sued him for various sums, but the only claim on which judgment was given in those proceedings was a claim for:-

“1. £25,025-19s.-8d. being balance found to be due from the defendant to the plaintiffs on an account stated between them in writing and contained in a document signed by the defendant and date…