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

P created an option contract document with consideration at one dollar for the purchase of land for $125,000 in gold coin to be paid on or before October 1st, 1877. P sued Brown (D) to get the document canceled. P alleged it was created without consideration and was never delivered to D. The court found that it was merely a proposal given to Kennedy, the supposed agent of P, to show to D. D looked at it and immediately sent it back to P through Kennedy without assenting, accepting or agreeing to the terms. Kennedy denied he was the agent of P and kept the paper, had it acknowledged by an attesting witness and recorded it. Kennedy then told everyone that there was a contract between P on one side and Kennedy, Brown and another Putnam on the other. However, no one ever communicated that fact to P. P withdrew the proposal and sued for cancellation. The court refused specific performance and ordered that the paper be delivered up for cancellation. This appeal resulted.

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