McClellan v. Cunningham
McClellan v. Cunningham
1 Thompson 30; 1 Shan. Cas. 15
Cases that cite this one
16 later published cases cite this decision.
- Cunningham v. State (Tex. Crim. App. 1931)
- Adar v. Smith (5th Cir. 2011)
- Warner v. State (Ga. Ct. App. 2009)
- People v. Curtis (New York Supreme Court 1973)
- People v. Block (New York County Courts 1972)
- Maupin v. Chaney (Tex. 1942)
- Felber v. Commissioner (United States Board of Tax Appeals 1941)
- Bauman v. City and County of San Francisco (Cal. Ct. App. 1940)
- Farrell v. Commissioner (United States Board of Tax Appeals 1937)
- Rogers v. Rogers (Mo. 1915)
- Barefoot v. Western Union Telegraph Co. (Tex. App. 1902)
- Burdett v. Dale (Mo. Ct. App. 1902)
- Link v. Union Pac. Ry. Co. (Wyo. 1892)
- Plyer v. German-American Insurance (New York Supreme Court 1888)
- Mendel & Bro. v. Davies (Ark. 1885)
- Molen v. Orr (Ark. 1884)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.