Quarrying Enterprises (Pvt) Ltd v John Viol (Pvt) Ltd and Others 1985 (3) SA 572 (Z)

Quarrying Enterprises (Pvt) Ltd v John Viol (Pvt) Ltd and Others 1985 (3) SA 572 (Z)

Issue: Whether a person who has made a part payment of a debt is entitled to recover the part payment if the other person subsequently breaches the contract.

Facts:

Quarrying Enterprises (Pvt) Ltd (Quarrying Enterprises) entered into a contract with John Viol (Pvt) Ltd (Viol) to supply Viol with a certain quantity of stone. The contract provided that Quarrying Enterprises would deliver the stone to Viol's premises at a certain price per ton.

Quarrying Enterprises delivered a portion of the stone to Viol's premises and Viol paid Quarrying Enterprises a portion of the price. However, Viol subsequently breached the contract by refusing to accept delivery of the remaining stone.

Quarrying Enterprises then sued Viol for the balance of the price of the stone. Viol claimed to be entitled to set off the part payment he had made to Quarrying Enterprises against the balance of the price.

Held:

The Zimbabwe Supreme Court held that Viol was entitled to set off the part payment he had made to Quarrying Enterprises against the balance of the price. The Court reasoned that Viol had made the part payment in part performance of the contract and that he was entitled to recover the part payment because Quarrying Enterprises had breached the contract.

Key Facts:

• A company entered into a contract with another company to supply the other company with a certain quantity of stone.
• The contract provided that the company would deliver the stone to the other company's premises at a certain price per ton.
• The company delivered a portion of the stone to the other company's premises and the other company paid the company a portion of the price.
• However, the other company subsequently breached the contract by refusing to accept delivery of the remaining stone.
• The company then sued the other company for the balance of the price of the stone.
• The other company claimed to be entitled to set off the part payment it had made to the company against the balance of the price.

Reasons:

The Court held that the other company was entitled to set off the part payment it had made to the company against the balance of the price because the other company had made the part payment in part performance of the contract and that it was entitled to recover the part payment because the company had breached the contract.

Conclusion:

The Court's decision in Quarrying Enterprises (Pvt) Ltd v John Viol (Pvt) Ltd and Others 1985 (3) SA 572 (Z) is a significant case in Zimbabwean law. The Court's decision clarifies the law relating to the right of a person to recover a part payment they have made if the other person subsequently breaches the contract.