This case was an action in
replevin for possession of a polled
Angus cow, which are bred most commonly for the production of beef as opposed to
dairy products. The suit was originally brought in a justice's court, a
state court within the jurisdiction of
Michigan, and appealed to the circuit court of
Wayne County, Michigan. The substance of the appellate decision, which was rendered by the Michigan Supreme Court after the defendant and appellants set out 25 assignments of error, involves a transaction between
Hiram Walker et al., importers and
breeders of polled Angus cattle (and grocers and
distillers), and Theodore Sherwood, a farmer and banker from Plymouth, Michigan. Sherwood sought to purchase cattle. On May 5, 1886, Sherwood called upon the Walkers at their farm and adjacent pasture land in
Walkerville, Ontario, but did not find a cow that suited him. Thereafter, the Walkers invited him to visit their farm in
Greenfield, Michigan, where they kept a few head of cattle that were "probably barren, and would not breed." A few days after visiting the Walkers' farm, Sherwood informed them that he wished to purchase the cow known as "Rose 2d of Aberlone." The parties agreed upon a price of 5 cents per pound live weight, a price that was much less than the value of a fertile Angus breeding cow. Soon thereafter, the Walkers discovered that the cow was in fact with
calf and not barren, unlike what they had believed when they entered the agreement with Sherwood. When Sherwood returned to the farm several days later, the Walkers refused to accept payment or to deliver the cow. In turn, Sherwood brought suit in the Justice Court of Plymouth, Michigan, and obtained a writ of
replevin for possession of the cow. The Walkers then filed an appeal in Wayne Circuit Court, which conducted a jury trial. During the trial, among other things, the court instructed the jury that "it was immaterial whether the cow was with calf or not." With those instructions, the jury decided in Sherwood's favor and the Walkers appealed. The appeal was heard in 1887 by the
Supreme Court of Michigan. There, the Walkers contended that the contract for the cow was "executory" and claimed that both parties had been mistaken as to the nature of the cow as barren or fertile and able to bear calves. At trial, the Walkers argued that they had mistakenly agreed to sell the cow at the price of a barren cow, which was $80. They also argued that because the cow was in fact with calf, she was actually worth between $750 and $1000. The issue (under
Michigan contract law) was whether the defendants (Walkers) could refuse to deliver the cow because, as a factual matter, the parties entered their contract with the shared and mistaken understanding that the cow was infertile. ==Judgment==