Sherwood v. Walker

33 N.W. 919 · Michigan Supreme Court · 1887

Facts

Plaintiff agreed to buy a cow from defendants for 5.5 cents per pound, both parties believing the cow was barren and suitable only for beef. Before delivery, defendants discovered the cow was pregnant and refused to deliver, attempting to rescind the sale. Plaintiff sued for replevin.

Procedural history

The suit was initially commenced in justice's court, where judgment was rendered for the plaintiff. The case was then appealed to the circuit court of Wayne County, which also found for the plaintiff. The defendants subsequently brought error to this court, presenting 25 assignments of error.

Issue

Did a mutual mistake regarding the cow's breeding ability, which fundamentally changed its value and nature, void the contract of sale, allowing the sellers to refuse delivery?

Holding

Yes. The court held that the lower court erred in instructing the jury that the cow's barrenness was immaterial. The judgment was reversed, and a new trial granted, finding that the mutual mistake as to the cow's substance voided the contract.

Rule

A contract of sale may be voided due to mutual mistake if the mistake relates to the substance of the thing bargained for, fundamentally altering its nature and value, rather than merely a quality or accident.

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Case brief last reviewed 2026-02-23. Prepared by CaseReader from the published opinion.