EDUCATION · HISTORICAL MARKER
Rose of Aberlone
Plymouth, Michigan
· Michigan Legal Milestone
Education
4
In 1886, T.C. Sherwood, president of Plymouth National Bank, contracted with Hiram Walker of Walkerville, Ontario, to buy a cow, Rose 2d of Aberlone. Both men believed Rose was barren and would not breed, but after the sale Walker discovered that she was pregnant and worth about ten times the agreed price of $80. Sherwood tried to pay the original price and sued to take possession of Rose, but in 1887 the Michigan Supreme Court ruled in Sherwood v. Walker that the mutual mistake affected the substance of the transaction, so Walker had the right to rescind the contract and keep the cow. The case became a classic example in U.S. contracts law of rescission based on mutual mistake. Sherwood later became Michigan's first banking commissioner, Hiram Walker and Sons became a worldwide leader in the production of alcohol beverages, and Rose achieved lasting fame in a poem by U.C.L.A. Professor Brainerd Currie.
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