James A. Abbott and Hannah K., his wife, brought a case against the Essex Company to the Supreme Court of Massachusetts in 1855. The Abbotts were tenants on land owned by the company and had been sued for non-payment of rent due from them under their lease agreement with the company. In their defense, they argued that certain conditions imposed upon them by an earlier tenant constituted a breach of contract between themselves and the Essex Company which made it impossible for them to pay rent as agreed upon in their lease agreement. The court found that while there was no evidence that any such condition existed when James A. Abbott entered into his tenancy with the Essex Company, he was still bound by it since he did not object or take action against it at any point during his tenancy period; thus making him liable for payment of all rents due according to terms set out in his original lease agreement with said company. As such, judgment was given in favor of The Essex Company and against James A. Abbott & Hannah K., His Wife

In the case of James A. Abbott and Hannah K., his wife, v. The Essex Company, Tenants, the dissenting opinion was that the court should not have reversed a decision made by a lower court in favor of Abbott and his wife. The majority had ruled that because there was no written lease agreement between Abbott and The Essex Company for use of certain land owned by them, they were entitled to possession as tenants at sufferance rather than tenants at will or with an implied contract. However, Justice Curtis argued that this ruling did not take into account evidence presented in trial which showed that both parties had acted as if there was an agreement between them; such actions included payment from Abbott to The Essex Company for rent on several occasions over many years prior to their dispute arising. Therefore he believed it would be unjust for the Court to reverse a decision based on these facts without further consideration being given to whether or not an implied contract existed between them despite its lack of documentation.