To Err is Human, to Moo Bovine: The Rose of Aberlone Story

Abstract

In 1887 the Michigan Supreme Court decided the case of Sherwood v. Walker, involving a contract for a cow. It is still studied by law students today as the seminal case on the law of mutual mistake. But some popular beliefs about the case turn out themselves to be mistaken. This law review commentary explores the classic "case of the barren cow," including the parties to the lawsuit, its surprising aftermath, and its continuing importance in the law of contracts. The article was selected for reprinting in the 2009 Green Bag Almanac & Reader of Exemplary Legal Writing.

Keywords: Contract law, classic cases, mutual mistake, contract rescission, legal education