McClellan v. Cunningham, 1 Thompson 30 (Tenn. 1847).
McClellan v. Cunningham, 1 Thompson 30 (Tenn. 1847). Book View Copy Cite
Negative Treatment Overruled 1 negative
McClellan
v.
Cunningham
Tennessee Supreme Court.
Sep 15, 1847.
1 Thompson 30
The cause was argued by Thos. D. Arnold for plaintiff in error, and Thos. A. R. Nelson for defendant in error.
Reese.
Cited by 18 opinions  |  Published
Reese, J.,

delivered the opinion of the'Court:

The promise contained in the paper signed by McClellan was not nudum pactum, but the word “deliverable” in that paper, and the letter of McClellan, from Washington city, were sufficient to authorise the jury to infer an agreement on the part of Cunningham to deliver. the morus multicaulis roots and cuttings.

Judgment affirmed.