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This section contains the nature of the case and procedural background.

Eagleton (D) was contracted to delivery loaves of bread to the poor. Each poor person was given a ticket and went to D and D was to give them a loaf that weighed 3.5 pounds in exchange for the ticket and then D would be credited for the amount owed him. D had intentionally furnished loaves that weighed less than that contracted for and turned in the tickets intending to represent that he had delivered loaves as per the contract. The guardians pressed charges against D for attempting to obtain money by false pretenses. The guardians had retained the right to deduct from the total sum of monies due any damages for breach of contract. D argued that this made payment so speculative that D could not be convicted of an attempt. D was convicted of attempting to obtain money by false pretenses. D appealed.

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