Barr v. Lapsley,
14 U.S. 151 (1816)

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U.S. Supreme Court

Barr v. Lapsley, 14 U.S. 1 Wheat. 151 151 (1816)

Barr v. Lapsley

14 U.S. (1 Wheat.) 151



JOHNSON, J., delivered the opinion of the Court.

The object of this bill is to obtain a specific performance of an alleged agreement to receive a quantity

Page 14 U. S. 152

of cotton bagging, at a specified price, in satisfaction of certain judgments at law. The defendants deny that the circumstances proved ever rendered the agreement final and obligatory upon them, and this is the principal, perhaps the only, question the case presents.

It appears that the complainants were indebted to one West, who assigned this debt (the unliquidated), together with the residue of his estate, to Lapsley et al.; that Lapsley liquidated the debt with the Barrs, and took their notes payable at different periods, making up, together, the amount due. These notes having become due, and judgment being recovered on some of them; in October, 1811, the Barrs addressed a letter to Lapsley in which they offer to pay him in cotton bagging, at thirty-three cents per yard, by installments at certain periods. On the 17 December in the same year, Lapsley answered their communication, and the following words, contained in that letter, are all that the Court deems material to the point on which they propose to found their decision.

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