Strydom v De Lange 1970 (2) SA 6 (T)

 Strydom v De Lange 1970 (2) SA 6 (T)

Facts

Strydom v De Lange 1970 (2) SA 6 (T) was a case decided by the Transvaal Provincial Division of the Supreme Court of South Africa. The case involved a dispute over a contract for the sale of land.

The appellant, Strydom, was a seller who was contracted to sell a piece of land to the respondent, De Lange. The contract contained a clause that stated that the sale was subject to the condition that the respondent would obtain a loan from a building society.

The respondent applied for a loan from a building society, but the loan was refused. The respondent then cancelled the contract and refused to pay Strydom the purchase price. Strydom sued De Lange for breach of contract.

Procedural History

The trial court held that De Lange was liable for breach of contract. De Lange appealed the decision to the Transvaal Provincial Division of the Supreme Court of South Africa.

Issue

The issue in this case was whether De Lange was liable for breach of contract.

Holding

The Transvaal Provincial Division of the Supreme Court of South Africa held that De Lange was not liable for breach of contract. The court reasoned that the clause in the contract that stated that the sale was subject to the condition that the respondent would obtain a loan from a building society was a suspensive condition.

Reasoning

The court reasoned that the clause in the contract that stated that the sale was subject to the condition that the respondent would obtain a loan from a building society was a suspensive condition. The court also reasoned that the suspensive condition had not been fulfilled and that therefore the contract had not been concluded.

Conclusion

The Transvaal Provincial Division of the Supreme Court of South Africa's decision in this case is significant because it clarifies the law relating to suspensive conditions in contracts for the sale of land. The decision emphasizes that a suspensive condition is a condition that must be fulfilled before the contract is concluded.

The decision also provides guidance to parties who are involved in contracts for the sale of land. Parties who are involved in contracts for the sale of land should be aware of the law relating to suspensive conditions.