Grains & Fourrages SA v Huyton SA (The “Ince”) - QBD (Com Ct)(Mance J) - 7 November 1996

Sale of goods - Certificates of analysis indicating on their face that an error must have been made - Parties agreeing to make assumption as to what error was and agreeing basis of payment accordingly - Buyers subsequently realising that the assumed error could not have been the actual error - Whether parties bound by previous agreement or whether previous agreement void for mistake

Sellers contracted to sell to the buyers 10,000 tonnes and 1,983 tonnes respectively of Chinese Cotton Expellers. Both contracts incorporated the terms of GAFTA contract form Nos 100 and 125 and provided for finalisation latest 15 days after receipt of report of discharge and final results of analysis.