Harrison & Jones v Burton & Lancaster [1953] 1 QB 646

Material Facts:

The plaintiffs bought bales of Calcutta kapok “sree” brand from the defendants who were importers of kapok. The sellers guaranteed that the bales were “to be equal to standard sample marked ‘sree’ brand in our [the sellers] possession”. During manufacturing, the plaintiff discovered that the kapok contained cotton which rendered the bales unsuitable for their needs. Unknown to the sellers and the plaintiffs, the Calcutta ‘sree’ brand always contained cotton.

Issues:

1. Whether or not the common mistake on the quality of the bales rendered the contract void.

Holding:

1. That the contract was not rendered void.

Ratio Decidendi:

That a mistake on the quality of the subject matter, in the absence of misrepresentation and breach, cannot render the contract void.