HOLLOW t . DE WET. 13SContract for Sale of Land • March 19th, 2020
Contract Type FiledMarch 19th, 2020H had entered into a written contract with de W in 190B under which he pur- chaaed P, certain plots of ground, for agricultural purposes on the farm R belonging to de W which had been cut up into agricultural and building plots. There had been a verbal agreement of sale of P between H and de W in 1906 based on a circular advertising the plots into which R had been divided. There was also a written document purporting to be an agreement of sale of P signed by de W in 1906. This document referred to the circular, but it was not signed by H. The contract of 1909 male no reference to the circular. Held, that though, owing to the provisions of sec. 49 of Ordinance 12 of 1906 neither the verbal agreement nor the document signed only by de W were of any force or effect, the Court was not precluded from referring to the circular as evidence of the surrounding circumstances for the purpose of interpreting the written contract of 1909.