Rouxville Municipality v Haupt [1909] ZAHCORC 10 (26 March 1909)

Appeal. - Tender. - Waiver by acceptance. - Costs. - Discretion
of magistrate.

Where H, acting as town clerk for the R municipality, accepted a  cheque in payment of ·his salary, but on being sued by the municipality for a certain amount due to them, counter-claimed for an extra 14s. 6d. for salary, and the magistrate gave judgment for the municipality in convention and for H in reconvention, but ordered the municipality to pay the costs of both parties, Held, on appeal, that H had waived his right to· claim the 14s. 6d., and that the judgment in reconvention must be struck out, but that the magistrate had exercised a judicial discretion in the matter of costs. No order as to costs of appeal.