7 Mar 2000
PROSPERITY LAMPS & COMPONENTS LTD. v. ROTEGEAR CORPORATION LTD.
- Citation
- PROSPERITY LAMPS & COMPONENTS LTD. v. ROTEGEAR CORPORATION LTD.
- Court
- Court of First Instance
- Case number
- HCA13203/1999
Oral evidence that a cheque was delivered as a mere conditional or escrow device that defeats the drawer's absolute undertaking is inadmissible as it constitutes a contemporaneous agreement in defeasance of the written instrument; cheques operate as unconditional orders and the alleged condition on third‑party payment fell foul of the parol evidence rule, so judgment for the payee stands.