CRC Engineering (Pty) Ltd v J C Dunbar & Sons (Pty) Ltd

• Jurisdiction: South Africa
• Judge: Coetzee J
• Judgment Date: 27 August 1976
• Citation: 1977 (1) SA 710 (W)
• Hearing Date: 19 August 1976
• Court: Witwatersrand Local Division

Coetzee, J.:

The plaintiff claims against the defendant provisional sentence in the sum of R9 033 together with B interest thereon on an architect's certificate. In the summons the defendant is properly called upon to state, if liability is denied, whether it admits or denies its signature to the contract between the parties (annexure "A") as also the signature of the architect's certificate (annexure "B") issued under the provisions of this contract.

In the defendant's answering affidavit the following is said in C regard to the signature on the architect's certificate:

"3.

The defendant does not know who signed the original of annexure 'B' to the plaintiff's summons and he does not admit the signature appearing thereon. The defendant denies the said annexure 'B' is a certificate nor does it purport to be one."

This denial is totally ignored by the plaintiff in the replying D affidavit. There is therefore not a tittle of evidence before the Court to indicate that the signature in annexure "B" is that of the architect as alleged in the summons.

Mr. Slomowitz for the plaintiff attempted to surmount this obstacle by inviting me to look at photocopies of letters of E the architects where similar signatures appear under letters written on the architect's...