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Contracts Keyed to Summers
Sherwood v. Walker
Citation:
66 Mich. 568, 33 N.W. 919
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Sherwood (plaintiff), a banker, contacted Walker (defendant), an importer and breeder of cattle, and expressed interest in purchasing some of his cattle. Sherwood traveled to Walker’s farm and negotiated the purchase of a cow known as “Rose,” who was believed to be barren. Walker sent Sherwood a letter confirming the sale of Rose in exchange for five and a half cents per pound, with fifty pounds to be deducted for shrinkage. Walker later discovered that Rose was with calf. As a result, Rose was actually worth more than the price at which Walker had sold her. When Sherwood arrived at the farm to get Rose, Walker refused to proceed with the sale at the price agreed upon. Sherwood sued Walker.
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