The appellants appealed a trial judgment that found a mutual mistake in a soil disposal contract and implied an industry standard for calculating volume.
The respondent had billed the appellants based on truck capacity rather than actual soil removed, resulting in a significantly higher invoice.
The Court of Appeal allowed the appeal, finding the trial judge misapprehended the evidence regarding mutual mistake, the ability to calculate volume from weight, and the industry standard.
The Court held the contract was clear on its face and the appellants were only liable for the actual volume of soil removed.
