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Contracts Keyed to Marshall
Sherwood v. Walker
Citation:
33 N.W. 919 (1887)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The main controversy depends upon the construction of a contract for the sale of the cow. The plaintiff claims that the title passed, and bases his action upon such claim. The defendants contend that the contract was executory, and by its terms no title to the animal was acquired by plaintiff. The refusal to deliver the cow grew entirely out of the fact that, before the plaintiffcalled upon Graham for her, they discovered she was not barren, and therefore of greater value than they had sold her for.
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