Plymouth in Wayne County, Michigan — The American Midwest (Great Lakes)
Rose of Aberlone
Michigan Legal Milestone
Mr. Sherwood tried to pay Hiram Walker the agreed-upon price, $80, but Mr. Walker refused it after discovering that Rose was pregnant. Her value was now about 10 times greater than that agreed to by the parties. Mr. Sherwood sued to take possession of Rose at the original price.
The Michigan Supreme Court in 1887 declared in Sherwood v. Walker that, because a mutual mistake affecting the substance of the transaction had been made, Hiram Walker had a right to rescind the contract, and keep the cow. Law students ever since have studied the case as a classic example of the contracts law doctrine of rescission based on mutual mistake.
Mr. Sherwood went on to distinction as Michigan's first banking commissioner, Hiram Walker & Sons is a worldwide leader in the production of alcohol beverages, and Rose achieved immortality in a poem by UCLA Professor Brainerd Currie, who concludes, "For students of law must still atone/For the shame of Rose of Aberlone."
Location. 42° 22.215′ N, 83° 28.139′ W. Marker is in Plymouth, Michigan, in Wayne County. Marker is at the intersection of South Main Street and West Ann Arbor Trail, on the right when traveling north on South Main Street. Click for map. Marker is in Kellogg Park. Marker is in this post office area: Plymouth MI 48170, United States of America.
Other nearby markers. At least 8 other markers are within 5 miles of this marker, measured as the crow flies. The Wilcox House (about 300 feet away, measured in a direct line); Baker House (about 600 feet away); Plymouth (about 700 feet away); Newburg Methodist Church (approx. 3.4 miles away); Newburgh Cemetery (approx. 3.7 miles away); First Presbyterian Church of Northville (approx. 4.3 miles away); George A. Custer U.S. Army Reserve Center (approx. 4.3 miles away); Mill Race Historical Village (approx. 4.4 miles away). Click for a list of all markers in Plymouth.
More about this marker. The original plaque, which was dedicated and placed outside in Kellogg Park in Plymouth in September 1993, was stolen. A replacement was unveiled at Kellogg Park on May 13, 2008.
Regarding Rose of Aberlone. Michigan Legal Milestone recognizes significant legal cases and personalities in the state's history, and places bronze plaques at featured sites to document the historical significance.
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Credits. This page originally submitted on , by Joel Seewald of Madison Heights, Michigan. This page has been viewed 1,122 times since then and 4 times this year. Last updated on , by Sandra Barger of Lansing, Michigan. Photos: 1. submitted on , by Joel Seewald of Madison Heights, Michigan. 2. submitted on , by Sandra Barger of Lansing, Michigan. • Bill Pfingsten was the editor who published this page. This page was last revised on June 16, 2016.