Question

N Shorewood vs. Walker, Walker sold Shorewood a cow technically a heifer for $80 that couldn't produce calves. It was later discovered that she could calf. Walker demanded the cow back. The court in this case:

a. Mutual mistake
b. No mistake

Answer 1

In a legal dispute between Shorewood and Walker involving a cow believed to be barren but later found to be fertile, the court would determine if a mutual mistake was made during the sale, which could either void the transaction or uphold the sale based on the materiality of the error.

Step-by-step explanation:

In Shorewood vs. Walker, the court had to decide between a mutual mistake and no mistake when Walker sold Shorewood a heifer for $80, who at the time was believed not to be able to produce calves.

It was later found that she could calf, and Walker demanded the cow back. In cases like these, a mutual mistake might be recognized by the court if both parties held the incorrect belief about the cow's ability to calf at the time of the sale. If the court ruled there was a mutual mistake, then the sale could be rescinded or reformed.

However, if the court found that there was no mistake, or that the mistake was not material to the contract, the sale would likely stand, and Walker would not have a right to the cow.