Williams and Taylor v Hitchcock [1915] ZATPD 113 (27 July 1915)

Contract.-Validity.-Payment according to debtor's ability.
Practice.- Pleading. - Exception. - Particulars. - Contract
with Partnership.-Person Contracting for Partnership.Costs.

A contract that the debtor shall not be called upon to pay '' until in a financial position to do so" contemplates a time for payment which is capable of ascertainment
and is therefore not void for vagueness.
Semble : A contract making payment dependent on the mere will of the debtor is void for vagueness.
Davidowitz v. Van Drimmelen (1913, T.P.D. 672) explained and distinguished. In pleading a contract with a partnership firm it is necessary to specify the
person who made the contract on behalf of the partnership. There being no rule of prac:tice making it incumbent on one party to an action to apply to
the other for particulars, exception to a plea, defective in this particular, upheld with costs.