Johannesburg Coal Agency v Hyman [1915] ZATPD 123 (28 October 1915)

Principal and surety.-Subsequent agreement.-Novation.-Giving time.-Release.

Defendant and another became surety in a sum of £500 °for F for performance of a contract whereunder F became liable to pay plaintiff £1,029. The.
benefits of excussion and division were renounced. By a subsequent agreement between F and plaintiff, F consented to judgment for £1,029 and costs,
to be reduced by any moneys received from the sureties, and for the balance made certain cessions by way of security. Held, on exception to a plea
of release in an action against defendar,t as surety, that the second agreement was not a novation of the first, but simply one giving F time to pay what
he could not recover from the suretie. Held, further, that there was no release of F, that defendant's right of recourse against F was not barred thereby, and that therefore defendant was not released.