Sherwood v. Walker

Sherwood v. Walker, 66 Mich. 568, 33 N.W. 919 (Mich. 1887),[1] 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.[2] Commonly referred to as the "Pregnant Cow Case," the case is a staple of first-year law school contract law class discussions and textbooks[3][4][5] and has been briefed extensively online.[6][7][8]

Ultimately, after a second trial, the jury entered another verdict for the plaintiff.[9] If it is assumed that the trial court proceeded in accordance with the appellate decision, the second jury's verdict indicates a factual finding that any mistake concerning the cow's fertility was mutual. Thus, in the end, the contract was able to be rescinded, and Sherwood (the buyer) kept the cow.[10]