INTRODUCTION
In this essay, I will outline the facts in the 1887 Sherwood vs. Walker trial involving the sale of a cow. I will highlight the main legal issues involved and discuss the approach the court took in addressing the legal issue. Next I will show how the court applied its approach to the facts of the case and provide a detailed example of how the court 's conclusion might be applied in a modern business setting.
THEODORE C. SHERWOOD vs. HIRAM WALKER ET AL.
The facts pertaining to the Sherwood vs. Walker trial are as follows:
• On May 5, 1886, Theodore Sherman traveled from Plymouth, Michigan to Greenfield Township, Michigan to view the cattle of Hiram Walker.
• A few days later, Mr. Sherman called Mr. Walker to discuss a specific cow named "Rose 2d of Aberlone." After their conversation, Mr. Walker agreed to call Mr. Sherwood back to further discuss the price of purchasing the cow.
• Two days after the initial conversation, Mr. Walker called Mr. Sherwood and proposed the price of five and a half cents per pound, live weight, less fifty pounds of shrinkage (which is the estimated weight …show more content…
Walker case over the sale of a cow, a voidable contract, the rescinded contract and the return of the cow, we have seen that Mr. Sherwood sought to buy a cow from Mr. Walker who set a price and wrote a contract. Even after the agreed upon contract was delivered, the seller and defendant changed his mind about the sale of the cow and rescinded the contract. The basis of the change was that both parties of the contract were misunderstood as there was a mistake on the contract. Both parties were under the impression that the cow was barren and would not breed. Though the lower circuit court ruled in favor of the plaintiff, the higher supreme court overruled and judged in favor of the defendant. To summarize, though contracts are legally enforceable, there are instances and circumstance where the contracts can be
In this essay, I will outline the facts in the 1887 Sherwood vs. Walker trial involving the sale of a cow. I will highlight the main legal issues involved and discuss the approach the court took in addressing the legal issue. Next I will show how the court applied its approach to the facts of the case and provide a detailed example of how the court 's conclusion might be applied in a modern business setting.
THEODORE C. SHERWOOD vs. HIRAM WALKER ET AL.
The facts pertaining to the Sherwood vs. Walker trial are as follows:
• On May 5, 1886, Theodore Sherman traveled from Plymouth, Michigan to Greenfield Township, Michigan to view the cattle of Hiram Walker.
• A few days later, Mr. Sherman called Mr. Walker to discuss a specific cow named "Rose 2d of Aberlone." After their conversation, Mr. Walker agreed to call Mr. Sherwood back to further discuss the price of purchasing the cow.
• Two days after the initial conversation, Mr. Walker called Mr. Sherwood and proposed the price of five and a half cents per pound, live weight, less fifty pounds of shrinkage (which is the estimated weight …show more content…
Walker case over the sale of a cow, a voidable contract, the rescinded contract and the return of the cow, we have seen that Mr. Sherwood sought to buy a cow from Mr. Walker who set a price and wrote a contract. Even after the agreed upon contract was delivered, the seller and defendant changed his mind about the sale of the cow and rescinded the contract. The basis of the change was that both parties of the contract were misunderstood as there was a mistake on the contract. Both parties were under the impression that the cow was barren and would not breed. Though the lower circuit court ruled in favor of the plaintiff, the higher supreme court overruled and judged in favor of the defendant. To summarize, though contracts are legally enforceable, there are instances and circumstance where the contracts can be