Garfield, Alan E.

English

Southern Methodist University

SMU Law ReviewVolume 57 | Issue 1 Article 62004Basic Assumption (a Poem Based on Sherwood v.Walker)Alan E. GarfieldFollow this and additional works at: https://scholar.smu.edu/smulrThis Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review byan authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu.Recommended CitationAlan E. Garfield, Basic Assumption (a Poem Based on Sherwood v. Walker), 57 SMU L. Rev. 137 (2004)https://scholar.smu.edu/smulr/vol57/iss1/6Basic Assumption*(a poem based on Sherwood v. Walker)Alan E. Garfield**This poem was inspired by Sherwood v. Walker,1 the "barren cow" case that is a stapleof first-year Contracts. The cow in Sherwood, Rose 2d of Aberlone, had been sold for herbeef value on the assumption that she was barren. In fact, the cow was "with calf' and worthalmost ten times her value as beef. The Michigan Supreme Court held that the seller couldrescind the contract if the cow was sold "upon the understanding of both parties that she wasbarren, . . and that in fact she was not barren, but capable of breeding."I'll tell you how a man with a cow had a cowbecause his cow had a cow.Here's how.The man with a cow had a cowbecause he sold his cow for just chow.How now?He sold his cow for just chowbecause he didn't know his cow had a cow.Had his cow had a cow it would have been worth a thouand would not have sold for just chow.What now?Well, the buyer said "Wow!"The seller said "Yeow!"And the Court finally said "Come now!How can a cow with a cow worth a thousell like a cow for just chow.Not never, and not now!"So now you know how a man with a cow had a cowbecause his cow had a cow.* RESTATEMENT (SECOND) OF CONTRACTS § 152 (1981) provides: "Where a mistakeof both parties at the time a contract was made as to a basic assumption on which thecontract was made has a material effect on the agreed exchange of performances, thecontract is voidable by the adversely affected party unless he bears the risk of themistake .... (emphasis added).** Professor of Law, Widener University School of Law.1. 33 N.W. 919 (Mich. 1887).2. Id. at 924.138 SMU LAW REVIEW [Vol. 57

Basic Assumption (a Poem Based on Sherwood v. Walker)

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Basic Assumption (a Poem Based on Sherwood v. Walker)

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