Le Riche v Hamman

The court held that, inasmuch as the contract for the sale of the land had been reduced to writing in a broker's note signed by the parties, and inasmuch as the description of the land therein was unambiguous, evidence was not admissible of prior discussions and correspondence to show that what was in fact sold was both pieces of land. The court held further, on the facts, that the plaintiff had furnished an acceptable explanation of how the mistake in the transfer had arisen.

It was not necessary for the plaintiff to prove that the defendant knew throughout that he had bought only the one piece of land. As his claim was a conidictio indebiti, he was entitled to the property upon proof that there was no legal or natural obligation to give transfer, and that transfer had been made by mistake—unless the defendant proved that he had sold it under the bona fide belief that it was due to him, in which case he nevertheless would have to account for the price which he had received.

The court held on the facts that the defendant had not discharged the onus of proving that he had sold the property bona fide and that, consequently, he was liable for the value of the land, whose true value was £1,700. The cross appeal thus succeeded, and the decision of the Cape Provincial Division in Hammen v Le Riche was in part confirmed and in part reversed.

• Du Plessis, Jacques, et al. The Law of Contract in South Africa. Edited by Dale Hutchison, Chris-James Pretorius, Mark Townsend and Helena Janisch. Cape Town, Western Cape: Oxford University Press, 2010.
• Le Riche v Hamman 1946 AD 648.