Sherwood v. Walker
Encyclopedia
Sherwood v. Walker is a seminal case of enormous significance in the evolution of American
contract law involving the doctrine of mutual mistake. The parties in this case were mutually mistaken with regard to the barren
nature of a cow. The case is a staple of first year Law School
contract law class discussions and text books and has been briefed extensively online
.
for possession of a cow of the polled Angus cattle
variety which were most commonly used for the production of beef
as opposed to dairy products. The suit was originally brought in justice's court, a state court within the jurisdiction of Michigan
, and appealed to the circuit court of Wayne County, Michigan
. The subject matter of the instant case, which was heard on appeal to the Michigan Supreme Court setting out 25 assignments of error, involved a transaction between Hiram Walker
, an importer and breeder
of polled Angus cattle
(and grocer
and distiller), and Theodore Sherwood, a farmer and banker from Plymouth, Michigan. Sherwood sought to purchase cattle. On May 22, 1886, Sherwood called upon Walker at his farm and adjacent pasture land in Walkerville, Michigan
but did not find a cow that suited him after which Walker invited him to visit his farm in Greenfield, Michigan where he kept a few head of cattle that were "probably barren, and would not breed." A few days after visiting Walker's farm, Sherwood informed Walker that he wished to purchase the cow known as "Rose 2d of Aberlone." and the parties agreed upon a price of 5 cents per pound live weight, a price much less than the value of a fertile cow. Soon thereafter Walker discovered that the cow was in fact with calf
and not barren as the parties had believed when they made their agreement and when Sherwood returned to the farm several days later, Walker refused to accept payment or deliver the cow which subsequently prompted Sherwood to bring suit against Walker who then took possession of the cow by writ of replevin
. The appeal was heard in 1887 by the Supreme Court of Michigan in which Walker asserted in his defense that he claimed that both parties had been mistaken as to the nature of the cow regarding whether it was barren or fertile and able to bear calves and that therefore there was no contract and further testified at trial that he had mistakenly agreed to sell the cow at the price of a barren cow which in this case was $80 but because the cow was in fact with calf, however, the cow was actually worth between $750 and $1000. The issue was, (under Michigan
contract law) whether or not the defendant (Walker) could refuse to sell the cow because the parties did not know that the cow was actually fertile at the time they struck their bargain. The court held that if both parties thought the cow was barren (which was a question for the jury
), the contract was voidable
on grounds of mutual mistake, reasoning by using the traditional test of the mistake "relating to the substance of the consideration
." In other words, because both parties were mistaken, the consideration failed for the cow as she actually was a cow, not a barren
animal or heifer
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
contract law involving the doctrine of mutual mistake. The parties in this case were mutually mistaken with regard to the barren
Infertility
Infertility primarily refers to the biological inability of a person to contribute to conception. Infertility may also refer to the state of a woman who is unable to carry a pregnancy to full term...
nature of a cow. The case is a staple of first year Law School
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
contract law class discussions and text books and has been briefed extensively online
ONLINE
ONLINE is a magazine for information systems first published in 1977. The publisher Online, Inc. was founded the year before. In May 2002, Information Today, Inc. acquired the assets of Online Inc....
.
Background
This case was an action in replevinReplevin
In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the...
for possession of a cow of the polled Angus cattle
Angus cattle
Angus cattle are a breed of cattle much used in beef production. They were developed from cattle native to the counties of Aberdeenshire and Angus in Scotland, and are known as Aberdeen Angus in most parts of the world....
variety which were most commonly used for the production of beef
Beef
Beef is the culinary name for meat from bovines, especially domestic cattle. Beef can be harvested from cows, bulls, heifers or steers. It is one of the principal meats used in the cuisine of the Middle East , Australia, Argentina, Brazil, Europe and the United States, and is also important in...
as opposed to dairy products. The suit was originally brought in justice's court, a state court within the jurisdiction of Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, and appealed to the circuit court of Wayne County, Michigan
Wayne County, Michigan
-History:Wayne County was one of the first counties formed when the Northwest Territory was organized. It was named for the American general "Mad Anthony" Wayne. It originally encompassed the entire area of the Lower Peninsula of Michigan, as well as small sections that are now part of northern...
. The subject matter of the instant case, which was heard on appeal to the Michigan Supreme Court setting out 25 assignments of error, involved a transaction between Hiram Walker
Hiram Walker
Hiram Walker was an American grocer and distiller, and the eponym of the famous distillery in Windsor, Ontario, Canada. Walker was born in East Douglas, Massachusetts, and moved to Detroit in the mid-1830s...
, an importer and breeder
Breeder
A breeder is a person who practices the vocation of mating carefully selected specimens of the same breed to reproduce specific, consistently replicable qualities and characteristics....
of polled Angus cattle
Angus cattle
Angus cattle are a breed of cattle much used in beef production. They were developed from cattle native to the counties of Aberdeenshire and Angus in Scotland, and are known as Aberdeen Angus in most parts of the world....
(and grocer
Grocer
A grocer is a bulk seller of food. Beginning as early as the 14th century, a grocer was a dealer in comestible dry goods such as spices, pepper, sugar, and cocoa, tea and coffee...
and distiller), and Theodore Sherwood, a farmer and banker from Plymouth, Michigan. Sherwood sought to purchase cattle. On May 22, 1886, Sherwood called upon Walker at his farm and adjacent pasture land in Walkerville, Michigan
Walkerville, Michigan
Walkerville is a village in Oceana County of the U.S. state of Michigan. As of the 2000 census, the village population was 254. The village is within Leavitt Township, Michigan.-Geography:...
but did not find a cow that suited him after which Walker invited him to visit his farm in Greenfield, Michigan where he kept a few head of cattle that were "probably barren, and would not breed." A few days after visiting Walker's farm, Sherwood informed Walker that he wished to purchase the cow known as "Rose 2d of Aberlone." and the parties agreed upon a price of 5 cents per pound live weight, a price much less than the value of a fertile cow. Soon thereafter Walker discovered that the cow was in fact with calf
Calf
Calves are the young of domestic cattle. Calves are reared to become adult cattle, or are slaughtered for their meat, called veal.-Terminology:...
and not barren as the parties had believed when they made their agreement and when Sherwood returned to the farm several days later, Walker refused to accept payment or deliver the cow which subsequently prompted Sherwood to bring suit against Walker who then took possession of the cow by writ of replevin
Replevin
In creditors' rights law, replevin, sometimes known as "claim and delivery," is a legal remedy for a person to recover goods unlawfully withheld from his or her possession, by means of a special form of legal process in which a court may require a defendant to return specific goods to the...
. The appeal was heard in 1887 by the Supreme Court of Michigan in which Walker asserted in his defense that he claimed that both parties had been mistaken as to the nature of the cow regarding whether it was barren or fertile and able to bear calves and that therefore there was no contract and further testified at trial that he had mistakenly agreed to sell the cow at the price of a barren cow which in this case was $80 but because the cow was in fact with calf, however, the cow was actually worth between $750 and $1000. The issue was, (under Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
contract law) whether or not the defendant (Walker) could refuse to sell the cow because the parties did not know that the cow was actually fertile at the time they struck their bargain. The court held that if both parties thought the cow was barren (which was a question for the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
), the contract was voidable
Voidable
In law, a transaction or action which is voidable is valid, but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ab initio and unenforceable....
on grounds of mutual mistake, reasoning by using the traditional test of the mistake "relating to the substance of the consideration
Consideration
Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a promise, the doing of an act, or even refraining from...
." In other words, because both parties were mistaken, the consideration failed for the cow as she actually was a cow, not a barren
Barren
Barren primarily refers to a state of Barrenness Barren as a place name can refer to:*Barren County, Kentucky*Barren Island *Barren Island, Brooklyn*Barren River LakeBarren can also refer to:...
animal or heifer
Heifer
Heifer may refer to:*A young cow before she has had her first calf*Red Heifer, in Judaism is a heifer that is sacrificed and whose ashes are used for the ritual purification*Heifer International, a charitable organization...
.
See also
- Animal HusbandryAnimal husbandryAnimal husbandry is the agricultural practice of breeding and raising livestock.- History :Animal husbandry has been practiced for thousands of years, since the first domestication of animals....
- CattleCattleCattle are the most common type of large domesticated ungulates. They are a prominent modern member of the subfamily Bovinae, are the most widespread species of the genus Bos, and are most commonly classified collectively as Bos primigenius...
- Commercial lawCommercial lawCommercial law is the body of law that governs business and commercial transactions...
- ContractContractA contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
- History of MichiganHistory of MichiganSee also Timeline of Michigan history.Thousands of years before the arrival of the first Europeans, eight indigenous tribes lived in what is today the state of Michigan...
- Meeting of the mindsMeeting of the mindsMeeting of the minds is a phrase in contract law used to describe the intentions of the parties forming the contract. In particular it refers to the situation where there is a common understanding in the formation of the contract...
- The Michigan Farm BureauMichigan Farm BureauThe Michigan Farm Bureau was founded on the campus of Michigan State University in 1919. The organization's primary goal is to promote and represent the interests of its agricultural members within the state of Michigan....
- mistakeMistake (contract law)In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defence, and if raised successfully can lead to the agreement in question being found void ab initio or voidable, or alternatively an equitable remedy may be provided by the courts...
- Hiram WalkerHiram WalkerHiram Walker was an American grocer and distiller, and the eponym of the famous distillery in Windsor, Ontario, Canada. Walker was born in East Douglas, Massachusetts, and moved to Detroit in the mid-1830s...