Replevin For A Cow With No Contract
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FAQ
This is the case of the not-so-barren cow. Sherwood (Plaintiff) contracted to buy a cow believed to be barren, at a low price from Walker and others (Defendants). Later, the parties realized the cow was with calf. The Plaintiff wanted to enforce the contract while Defendants wanted rescission.
The issue (under Michigan contract law) was whether the defendants (Walkers) could refuse to deliver the cow because, as a factual matter, the parties entered their contract with the shared and mistaken understanding that the cow was infertile.
Basic steps for getting a Writ of Replevin. Prepare a Complaint for Replevin. ... Prepare Replevin Summons (Notice to Appear in Court). File the original documents with the court. Serve copies of each document on the defendant(s). If the defendant does not respond within 20 days, file for a default.
After the parties learned the cow was not barren, the purpose of the contract became frustrated, as the cow was initially sold as beef and not as a breeder. The trial court held that the contract should be performed at the agreed-upon price.
Sherwood looked at Walker's cattle and decided to purchase a cow known as ?Rose? who was believed by both parties to be barren. Walker sent a letter to Sherwood agreeing to sell Rose for five and a half cents per pound, minus fifty pounds.