Facts:

Mr. Larmie, as Baseman Systems Associates sued in the High Court of Lagos State under a contract. He had been appointed Marketing Consultant for the purpose of procuring the Nigerian Agricultural and Co-operative Bank’s computer sales contract for the respondent company to execute. In the contract he was to receive 5% of the contract sum as commission for his services. The parties had met on the 3rd day of March 1992 where they discussed business proposal aimed at facilitating the award of a computer contract. A letter appointing Mr. Larmie was tendered as Exhibit B evidencing the agreement in relation to the transaction.

The letter contained a terminal date of 31st December 1992. As appellant Mr. Larmie contends that there was an oral agreement reached by the parties on the 3rd March, 1992 meeting. He gave evidence and testified to the fact that he subsequently took up the respondent on the issue of terminal date as contained in Exhibit B and was assured that the date was put in the letter for “administrative convenience.