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Contracts Keyed to Calamari
Sherwood v. Walker
Citation:
Supreme Court of Michigan, 1887. 66 Mich. 568, 33 N.W. 919.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The plaintiff is a landowner, and the defendant is a seller of cattle. The plaintiff telephoned the defendant asking to buy a cow from him. The plaintiff inspected the stock of the defendant, and was informed that the cows he was inspecting were probably barren – i.e. unable to produce offspring. Note that barren cows are worth far less than fertile cows. The plaintiff selected a particular cow and a contract was entered into. The cow was subsequently discovered to be pregnant (and thus more valuable) and the defendants refused to perform the contract on the grounds of mutual mistake. The plaintiff brought suit.
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