Facts: Rose 2d of Aberlone was a gentle, 1,420 lb. cow that lived in Michigan in 1886. Rose’s owner, Hiram Walker & Sons, was a cattle breeder who bought her for $850. After a few years, Walker concluded that Rose could have no calves. As a barren cow, she was worth much less than $850, so Walker agreed to sell her for beef to T. C. Sherwood. Walker told Sherwood that Rose was “probably barren, and would not breed.” After some negotiation, Walker agreed to sell Rose for “five and one-half cents per pound, live weight, fifty pounds’ shrinkage,” or $80.

But when Sherwood came to collect Rose, the parties realized that (surprise!) she was pregnant. As a confirmed breeder, Rose was now worth about $1,000. Walker refused to part with the happy mother, and Sherwood sued for breach of contract. Walker defended, claiming that both parties had made a mistake and that the contract was voidable. After the lower court ruled the contract was enforceable, Walker appealed.

Questions:

1. Does a bilateral mistake render a contract voidable?

2. What type of mistake is present in this case?

3. Would the Defendant have been able to rescind the contract if they made a unilateral mistake?

4. Why is a court decision from 1887 still relevant today?