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Sherwood v. Walker, 66 Mich. 568, 33 N.W. 919 (Mich. 1887), 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. Commonly referred to as the "Pregnant Cow Case," the case is a staple of first-year law school contract law class discussions and textbooks and has been briefed extensively online.

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  • Sherwood v. Walker (en)
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  • Sherwood v. Walker, 66 Mich. 568, 33 N.W. 919 (Mich. 1887), 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. Commonly referred to as the "Pregnant Cow Case," the case is a staple of first-year law school contract law class discussions and textbooks and has been briefed extensively online. (en)
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  • Sherwood v. Walker (en)
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subsequent actions
  • Wayne Co. Cir. Ct., on remand, jury verdict for plaintiff (en)
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citations
court
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  • Theodore C. Sherwood v. Hiram Walker et al. (en)
judges
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  • Contracts (en)
  • (en)
  • Sale (en)
  • Mistake (en)
  • Rescission (en)
has abstract
  • Sherwood v. Walker, 66 Mich. 568, 33 N.W. 919 (Mich. 1887), 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. Commonly referred to as the "Pregnant Cow Case," the case is a staple of first-year law school contract law class discussions and textbooks and has been briefed extensively online. (en)
appealed from
  • Wayne Co. Cir. Ct. (en)
date decided
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  • Allen B. Morse (en)
  • Thomas R. Sherwood (en)
prior actions
  • Wayne Co. Cir. Ct., first trial, jury verdict for plaintiff (en)
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