Trichardt v Muller [1915] ZATPD 26 (22 April 1915)

Purchase and sale-Sale of land-Purchase price payable " bij levering van kaart en transport ten name van kooper. "-Effect -Action for purchase price -Duties of seller.

T sold to M an undivided portion of a farm, part of the purchase being payable on execution of the deed of sale, which amount was acknowledged, and the balance of £1,300 " bij levering van kaart en transport ten name van den kooper, of naar keuze van den kooper £650 over vier maanden, en de balans van £650 na acht maanden." T, after the lapse of the eight months, sued M for the balance of the purchase price against tender of transfer. Held, that the intention of the parties was that transfer should take place
pari passu with the payment of the purchase price. Held, further, that the tender of transfer was sufficient and that it was not necessary for plaintiff
to have completed the documents in connection with the transfer before instituting the action.