McCracken v ORC Government [1909] ZAHCORC 11 (29 March 1909)

Contract.-Repudiation.-Cession.-Execution.-Reasonable time.

Where M had obtained in No'vember, 1907, a cession from A of contract entered into with the Government in May, 1906, whereby the latter had agreed to grant a bonus on the manufacture of biscuits, on condition that the erection of a factory was forthwith commenced, the Government having assented to the cession, and M claimed a declaration of rights the reunder after delaying a further twelve months without performing his part of the contract, Held, that the delay on the part of A must be taken into consideration, and that, as M had failed to perform his part of the contract within a reasonable time, the contract had lapsed.