OGUNDARE, J.S.C. (Delivering the Leading Judgment): The facts of this case are rather simple. Unfortunately, however, the issues have been complicated not so much by the parties than by the two Courts below.
The 1st appellant in this appeal (hereinafter is referred to as the Company) had three landed properties each situate in each of three major cities in the country, that is, Lagos, Ibadan and Port-Harcourt. The Company desired to dispose of the three properties and engaged some estate surveyors to look for buyers. Sumbo Onitiri and Co. Estate Surveyors and Valuers (hereinafter is referred to as the Firm) was one of the firms of estate surveyors and valuers commissioned by the Company to look for buyers. In Exhibit dated 12th March 1990 addressed to the Firm, the Company wrote:
"SALE OF PROPERTIES
This is to inform you that it is our intention to put the following properties on sale:
1. Plot 121/122,
Trans Amadi Industrial Layout
2. KM 10, Old Lagos Roa…