Info Plus v Scheelke and Another (381/96)
Info Plus v Scheelke and Another (381/96) [1998] ZASCA 21; 1998 (3) SA 184 (SCA); [1998] 2 All SA 509 (A) (25 March 1998)
The Supreme Court of Appeal held that the conditional delivery of the Mercedes Benz 230 TE under the hire-purchase agreement sufficed for transfer of ownership upon fulfilment of the condition, namely payment of the outstanding balance. It was not necessary for the purchaser to be in possession of the vehicle at the time the condition was fulfilled. The court rejected the notion that a second act of delivery or a further real agreement was required at the material time. The payment made by the second respondent to Wesbank extinguished the appellant's indebtedness and fulfilled the condition,…
Source excerpt
- Transfer Of Ownership
- Hire Purchase
- Estoppel
- Delivery Of Corporeal Movable Property