Stephen Fraser & Co Ltd v Williams Bros [1908] ZAHCORC 18 (1 June 1908)

Provisional sentence.-Defence.-Deed of assignment. Repudiation.Presentment.-Costs.

Where F asked for provisional sentence on eight promissory notes and a bill of exchange, and W set up a subsequent deed of assignment which had not been completely carried out by reason of the sale of a piece of land W was bound to deliver to F under the deed, Held, that by failure to deliver the piece of land W had repudiated the contract, and provisional sentence must be granted. Held, further, that costs of presentment of a bill of exchange drawn at Port Elizabeth on Ventersburg Road, payable at Kroonstad, presented to the acceptor subsequently to the due date, could not be allowed. Beukes v. Van Wijk (2 Menz. 282) followed.