Assigned Estate of Boltman Bros v Burger [1909] ZAHCORC 3 (2 February 1909)

Reported
Flynote

Practice.-Summons,-.Demand.-Costs.

Case summary

Where A sued B in the lower court for £16, lls. 9d. for goods sold and delivered, and the magistrate held that only £1, lls. of that amount, in respect of a debt contracted in 1907, was due, giving costs against A on the ground that owing to a mistake of A's there had been no demand for that amount prior to summons, and that B had produced a receipt purporting to cover the year 1907, Held, on appeal, on the question of costs, that the magistrate's decision must be upheld.


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