Sherwood v. Walker
Supreme Court of Michigan
33 N.W. 919 (1887)
Relevant factsFree
Walker (defendant) agreed to sell Sherwood (plaintiff) a cow named Rose, believed by both parties to be barren and thus worth only about $80 as a beef animal, but before delivery Walker discovered Rose was actually pregnant and worth far more (at least $750) as a breeding animal, and refused to complete the sale; Sherwood recovered the cow through a writ of replevin, and the trial court ruled in his favor.
IssueFree
Whether a contract made based on a mutual mistake of the parties involving a material fact may be rescinded when the parties learn of the mistake.