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Contracts Keyed to Barnett
Sherwood v. Walker
Citation:
33 N.W. 919, 66 Mich. 568 (1887)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Hiram Walker and his co-defendants owned a pedigreed Polled Angus cow named “Rose 2d of Aberlone.” Both parties believed the cow was barren and thus unable to breed, significantly reducing her value to that of beef cattle. Based on this understanding, defendants agreed to sell Rose to Sherwood for $80. Before delivery, defendants discovered Rose was actually pregnant, making her worth approximately $750-$1,000 as a breeding cow. Upon this discovery, defendants refused to deliver Rose to Sherwood. Sherwood sued for possession of the cow or damages for breach of contract. The trial court found for Sherwood, and defendants appealed.
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