Obermeyer v Baumann [1911] ZATPD 19 (8 March 1911)

Magistrate's Court - Summons - Pleading Cause of Action -Action on Written Document

Appellant sued Responclent in a Magistrate's Court on a certain written document, alleged to be a promissory note, for breach of a promise by the respondent to pay a certain sum to the appellant. The document was attached to the summons, and contained no provision to pay the said sum to the appellant, but only to pay it into a certain bank.

Held, that an exception to the summons, on the ground that it disclosed no cause of action, was good.