Sherwood v. Walker case brief

Sherwood v. Walker; (Michigan, 1887); CB 1000 n.4; Notes 64

Mutual Mistake – barren cow
• Facts: Barren cow case where P wants to buy cow, breeder offers barren cow for cheaper price, enter K and later P realizes cow pregnant, calls deal off.
• Issue: Is D obligated to proceed w/the sale?
• Holding: Court says D not obligated. the court says that the cow had been bought for beef; it was material to the contract that she be barren.
• Rule: Where there is a mutual mistake where both parties are wrong about something fundamental to the K, the K can be called off