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''Delmas Milling Co Ltd. v Du Plessis''〔1955 (3) SA 447 (A).〕 is an important case in South African contract law. It was heard in the Appellate Division by Centlivres CJ, Schreiner JA, Van Den Heever JA, Hoexter JA and Fagan JA on June 13, 1955, with judgment handed down on June 20. It was an appeal from a decision in the Transvaal Provincial Division, which it upheld. == Facts == In June 1953, a document was signed, on behalf of Delmas Milling, by JF du Plessis in confirmation. It read as follows: We beg to confirm the purchase ''of, 2,750/3,250 Bags'' ''New Season Kidney Beans As Inspected On Farm Strydpan'' Price Eighty shillings 80/ - ''Per Bag Of'' Terms 200 ''lbs. Nett Delivered''. Delivered in good order and condition at ''Delmas Milling Co.'' ''Mills At Delmas.'' ''For Delivery Up To The'' 10/7/53. Failing delivery within the prescribed time the above price is subject to adjustment. All deliveries must be in accordance with Grades specified above. Please note that all conditions mentioned herein must be strictly adhered to. ''Payment On Delivery'' ''At Mill.''〔Quoted at 450C-F.〕 The sections italicised were in writing; the remainder of the document was printed. In a declaration claiming damages for an alleged breach of contract, Delmas contended that it had, at Du Plessis's request, extended the date of delivery to July 20, 1953, and that Du Plessis, after delivering 1,000 bags of beans, had then refused to deliver the remaining 1,750. The damages claimed were in respect of this balance; the alleged breach was Du Plessis's failure to perform within the prescribed time. Du Plessis pleaded that, having delivered 1,000 bags before the stipulated date, he was contractually only obliged to deliver the balance when the contract price had been adjusted, and that Delmas had refused to agree on a mutual adjustment. Delmas excepted to this plea and applied to strike out certain portions of it. The disputed clause was the sentence which begins "Failing delivery..." The Provincial Division dismissed both the exception and the application to strike out. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Delmas Milling v Du Plessis」の詳細全文を読む スポンサード リンク
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