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Omega Landgoed (Pty) Ltd v Fruitman (Pty) Ltd (57560/08) [2010] ZAGPPHC 27 (1 April 2010)
The High Court held that the parties’ arrangement was an agency agreement with a minimum guaranteed price, and granted the plaintiff the unpaid balance.
Dole South Africa (Pty) Ltd v Pieter Beukes (Pty) Ltd (8729/01) [2006] ZAWCHC 58; 2007 (4) SA 577 (C) (8 December 2006)
The Court found that the written agreement signed by the Defendant on 26 October 1999 was clear and unambiguous in its terms, particularly clause 17.1, which stipulated that advances paid by Dole were loans, not minimum guaranteed prices, and were recoverable if the nett proceeds were less than the advance. The Defendant failed to prove the existence of a prior oral agreement inconsistent with the written contract or that he was misled as to the contract's contents. The evidence established that the industry norm was for advances to be recoverable in agency relationships, and the Defendant, a…
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