McCracken v ORC Government [1909] ZAHCORC 7 (16 March 1909)

Practice.-Pleading.-Exception.-Inconsistent plea.

Where M claimed an order declaring a contract of full force, or £5000 damages, and  G pleaded first that they were ready to carry out the contract, but that M had not fulfilled his part; and pleaded in the alternative that, owing to a breach of one of the terms of the contract, it had lapsed and become void, an exception to the alternative plea as vague and embarrassing and inconsistent with the first plea was allowed.