Sherwood v. Walker - Sherwood v. Walker 66 Mich. 568 (1887)...

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Sherwood v. Walker 66 Mich. 568 (1887) Fact: Operative Facts: A buyer for a cow came to the ranch. The seller, stated that the cows up on the hill was most likely barren (can’t breed), and so he was willing to sell t for a cheaper price. Within the month, they found out that she was pregnant with a calf, and the calf was due for delivery the following month. When the buyer came for the cow, he tendered the money, but the person on site didn’t accept it stating that the cow could not be sold because it had a calf in it. The buyer still wanted it, but seller wouldn’t sell. So buyer sued. Issue: Whether a mistake defense could prevent the seller from having to sell the cow Rule: Mistakes that are mutual, and can be used to reside a contract if, the mistake was a difference or misapprehension as to the substance of the thing bargained for. But if it is only a difference in some quality or accident, even though the mistake may have been the actuating motive to the purchaser or seller, or both, the contract remains binding.
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This note was uploaded on 12/20/2011 for the course CONTRACTS 111 taught by Professor Dellinger during the Fall '11 term at Western State Colorado University .

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