About: East London Model Dairy Co-Operative v Toyk

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East London Model Dairy Co-Operative v Toyk is an important case in South African law. An action for an order cancelling a sale, and for the refund of the purchase price, it was heard in the Eastern Districts Local Division by De Villiers J November 9, 10 and 11, 1954, with judgment handed down on December 9. The plaintiffs' attorneys were RG White, Gillett & McConnachie. The defendant's attorneys were Segal & Pincus. AW Back, QC (with him TM Mullins), appeared for the plaintiff; NC Addleson for the defendant

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  • East London Model Dairy Co-Operative v Toyk is an important case in South African law. An action for an order cancelling a sale, and for the refund of the purchase price, it was heard in the Eastern Districts Local Division by De Villiers J November 9, 10 and 11, 1954, with judgment handed down on December 9. The plaintiffs' attorneys were RG White, Gillett & McConnachie. The defendant's attorneys were Segal & Pincus. AW Back, QC (with him TM Mullins), appeared for the plaintiff; NC Addleson for the defendant The case concerned a contract for the sale of land, and a subsequent attempt to cancel it. The seller had sub-divided a residential area for business purposes. This the local council had approved, subject to a road service restriction. The administrator did not agree to rezoning, and the seller granted a road service restriction. The council imposed a building line restriction and refused to delete the road service condition. The deed had embodied both restrictions. The purchaser, prior in time, cancelled the sale, and the road service restriction fell away when the rezoning was refused. The court ruled that the council was not entitled to retain both restrictions. The seller was accordingly forced to pass transfer unrestricted, and the purchaser was entitled to reclaim the purchase price. (en)
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  • East London Model Dairy Co-Operative v Toyk is an important case in South African law. An action for an order cancelling a sale, and for the refund of the purchase price, it was heard in the Eastern Districts Local Division by De Villiers J November 9, 10 and 11, 1954, with judgment handed down on December 9. The plaintiffs' attorneys were RG White, Gillett & McConnachie. The defendant's attorneys were Segal & Pincus. AW Back, QC (with him TM Mullins), appeared for the plaintiff; NC Addleson for the defendant (en)
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  • East London Model Dairy Co-Operative v Toyk (en)
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