In this Supreme Court case, Charles Barnard, Abel Adams, George M. Barnard and Charles Larkin (plaintiffs in error) sued Joseph Adams, Andrew H. Bennet and Joseph Eletcher (defendants). The plaintiffs argued that the defendants had wrongfully taken possession of a piece of land located in Ohio which was owned by them as tenants-in-common. The defendants claimed they were entitled to the property because it was part of an estate left to them by their father who had died without leaving a will. After reviewing evidence presented at trial including testimony from witnesses on both sides regarding title to the land, the court found that there was no clear proof that either party held legal title or right to possess it so judgment went against both parties with costs assessed equally between them.

In the case of Charles Barnard, Abel Adams, George M. Barnard and Charles Larkin v Joseph Adams, Andrew H. Bennet and Joseph Eletcher (1850), the dissenting opinion argued that a contract between two parties should be enforced even if it was not in writing as long as there is evidence to prove that an agreement had been made. The dissent stated that verbal contracts are just as valid under law as written ones; therefore, when one party has performed their part of the agreement then they have fulfilled their obligation and should receive whatever benefit or payment was agreed upon by both parties at the time of making said contract. Furthermore, any attempt to avoid fulfilling such obligations would be considered fraud on behalf of those who failed to perform what they promised according to terms set forth in either a written or verbal agreement.