Hornby's Trustee v Newberry [1908] ZAHCORC 26 (3 July 1908)

Practice.-Pleading.-Exception.-Plea.-Irrelevant matter.-Reply to allegations in declaration.

Where a declaration alleging undue preference referred to a written agreement by which the defendant had acquired the right to take over the deceased H's assets, and N in his plea alleged a verbal agreement by which he took over all the liabilities as well as the assets of H's estate for consideration, Held, on exception, that such a plea was not irrelevant.