Browne v Botha [1909] ZAHCORC 13 (6 April 1909)

Pleading.-Exception.-Declaration.-Cause of action.-Pledge. Conversion.- Damages.-Tender of debt.

Where A in his declaration alleged that B had disposed of a drill pledged to him for an advance to A, and prayed for a return of the drill or damages, less the balance of the debt still dμe to B, and B excepted on the ground that there was no cause of action by reason of there being no tender in the declaration of the amount due, Held, that the exception, must be dismissed with costs. Goate v. Bergsma (4 H.O.G. 369) not followed.