classic example of mutual mistake, wherein both parties misunderstood the contract. Therefore, the defendants prevailed, and did not have to pay. Text of the judgment Note that the process of demurrer is a common law practice that seeks to dismiss a lawsuit on the grounds that the facts are true, and are not enough to warrant legal action. In this case, the defendant demurred, seeking dismissal. The Court agreed. The paragraphs with names at the front (Milward, Mellish) are that of the lawyers arguing for the respective parties, and present the arguments of the parties, interspersed with questions from Judge Pollock from the three Judge panel. See also Mistakes in English law Interpreting contracts in English law References External links Clarification of the report of Raffles v. Wichelhaus English contract case law 1864 in case law 1864 in British law Court of Exchequer Chamber cases