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acceptance action agreed agreement alleged amount application authority binding bound breach of contract cancellation Cape Cape Town causa cession cessionary cheque circumstances claim clause conclusion concurred condition consensus ad idem consent contract of sale Court creditor damages debt debtor decision declaration defendant defendant's dismissed document effect enforce English law entered entided evidence expressed fact farm favour fraud Grotius ground held husband intention ipso jure judgment kontrak learned Judge lease lessee letter liability magistrate meaning minor misrepresentation mistake mora NOTES obligation offer offeror opinion option paid pari delicto parties payment person plaintiff Pothier principle promise Provincial Division purchase price question reasonable refused regard repudiation respondent restitutio in integrum Roman law Roman-Dutch law rule says sell seller sold South African stipulation sued supra tender transaction Transvaal valid Villiers Voet void voidable Wessels wife words