The legal issues presented in this case will be displayed here.

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.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.