Weightman v. Caldwell,
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17 U.S. 85 (1819)
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U.S. Supreme Court
Weightman v. Caldwell, 17 U.S. 4 Wheat. 85 85 (1819)
Weightman v. Caldwell
17 U.S. (4 Wheat.) 85
E.B.C., having an interest in a cargo at sea, agreed with J.W. for the sale of it, and J.W. signed the following agreement in writing;
"J.W. agrees to purchase the share of E.B.C. in the cargo of the ship Aristides, W.P.Z., supercargo, say at $2,522.83, at fifteen percent advanced on said amount, payable at five months from this date, and to give a note or notes for the same, with an approved endorser."
In compliance with this agreement, J.W. gave his notes for the sum mentioned, and in an action upon the notes, the want of a legal consideration under the statute of frauds being set up as a defense on the on the ground of the defect of mutuality in the written contract, the court below left it to the jury to infer from the evidence an actual performance of the agreement, the jury found a verdict for the plaintiff, and the court below rendered judgment thereon. The judgment was affirmed by this Court.