Henen's Meat Market (Pty) Ltd v Solly's Catering Equipment CC (CA 269/2009)
Henen's Meat Market (Pty) Ltd v Solly's Catering Equipment CC (CA 269/2009) [2010] ZAECGHC 43 (3 June 2010)
The court found the appellant's version more probable and credible. The evidence established that only seven fridges were sold, not ten, and that the respondent paid only R10,000 in cash. The respondent's claim of having paid an additional R10,000 by cheque was rejected as improbable and unsupported by documentary evidence. The cheque for R30,000 was dishonoured, and the respondent failed to pay the balance. Delivery of the fridges occurred and ownership passed to the respondent upon conclusion of the agreement. The Magistrate erred by failing to resolve the factual disputes and granting abso…
Source excerpt
- Sale Of Goods
- Oral Contract
- Payment Dispute
- Delivery Of Merx
- Voetstoots Sale