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Contracts Keyed to Kuney
Sherwood v. Walker
Citation:
66 Mich. 568, 33 N.W. 919 (1887).Facts
Defendants were importers and breeders of polled Angus cattle. Plaintiff was a banker that called upon defendants to purchase some of their stock located in Walkerville. The plaintiff found none that suited him. One of the defendants advised plaintiff they had a few head of cattle at their Greenfield farm, but they were probably barren and would not breed. On May 5, 1886, plaintiff went to Greenfield and later decided to purchase a cow known as “Rose 2d of Aberlone.” Defendants agreed to sell the cow for 5.5 cents per pound, live weight, fifty pounds shrinkage. The agreement was confirmed in writing between the parties. On May 21, 1886, plaintiff went to to Greenfield, tendered $80 and demanded the cow. The defendant refused the money or to deliver the cow because they learned the cow was with calf and her value was actually between $750-$1,000.
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