Friday, March 23, 2012

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

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