The appellant, an attorney, and his former partner, Britz, were jointly and severally liable to the respondent landlord for unpaid rental arising from a partnership lease. Rental arrears amounting to R36 791,10 were admitted to be unpaid. Prior to the trial, the respondent and Britz concluded a settlement agreement, made an order of court, in terms of which Britz paid R45 000 in settlement of his liability under a larger claim. The appellant was not a party to that settlement. The appellant contended that this settlement released him from liability for the partnership debt, or at least reduced it to nil, since the amount claimed from him was less than R45 000. The magistrate rejected this defence and ordered the appellant to pay the arrear rental, and that decision was upheld on appeal to the Transvaal Provincial Division, leading to a further appeal to the Supreme Court of Appeal.