Sherwood v. Walker

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Main article: Mistake (contract law)
Sherwood v. Walker
CourtMichigan Supreme Court
Full case nameTheodore C. Sherwood v. Hiram Walker et al.
DecidedJuly 7, 1887
Citation(s)66 Mich. 568, 33 N.W. 919 (Mich. 1887)
Case history
Prior action(s)Wayne Co. Cir. Ct., first trial, jury verdict for plaintiff
Appealed fromWayne Co. Cir. Ct.
Subsequent action(s)Wayne Co. Cir. Ct., on remand, jury verdict for plaintiff
Case opinions
Allen B. Morse (majority)
Thomas R. Sherwood (dissent)
Court membership
Judges sittingJames V. Campbell
John W. Champlin
Allen B. Morse
Thomas R. Sherwood
Keywords

Sherwood v. Walker, 66 Mich. 568, 33 N.W. 919 (Mich. 1887),[1] was a case that has played an important role in the evolution of American contract law involving the doctrine of mutual mistake. One of the main issues in the case was whether the remedy of rescission is available if both parties to a contract share a misunderstanding about an essential fact.[2] Commonly referred to as the "Pregnant Cow Case," the case is a staple of first-year law school contract law class discussions and textbooks[3][4][5] and has been briefed extensively online.[6][7][8]

Ultimately, after a second trial, the jury entered another verdict for the plaintiff.[9] If it is assumed that the trial court proceeded in accordance with the appellate decision, the second jury's verdict indicates a factual finding that any mistake concerning the cow's fertility was mutual. Thus, in the end, the contract was able to be rescinded, and Sherwood (the buyer) kept the cow.[10]

See also[]

References[]

  1. ^ "Sherwood v. Walker, 66 Mich. 568, 33 N.W. 919 (Mich. 1887)". CourtListener. Free Law Project. Retrieved 9 July 2018.
  2. ^ 66 Mich. at 578.
  3. ^ U. Of California, Law School at Berkeley web site citing Cooter and Ulen, 1st Edition (1988) Archived 2006-04-23 at the Wayback Machine
  4. ^ University of Dayton Law School website Archived 2007-07-04 at the Wayback Machine (Adobe needed)
  5. ^ University of Pittsburgh Law School website, Jurist section
  6. ^ Sherwood v. Walker
  7. ^ Sherwood v. Walker
  8. ^ Case Brief of Sherwood v. Walker Available at Lawnix
  9. ^ Stockmeyer, Otto. "Local Voice: Mutual-mistake defense has torturous history". LegalNews.com. Detroit Legal News. Retrieved 9 July 2018.
  10. ^ Ayala, Terrence. "Blog Post: Buyer Keeps Pregnant Cow!". rose2d.com. KewSpace LLC. Retrieved 22 October 2018.
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