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This Supreme Court case involved Philip Greely, Junior, who was the plaintiff in error and William Thompson and William Henry Forman, merchants and copartners trading under the style of Thompson & Forman. The defendants were aliens and residents of London. Greely brought suit against them for a breach of contract involving goods sold to him by the defendants. He claimed that they had failed to deliver certain items as agreed upon in their contract which caused him damages amounting to $2,000. The court found that there was sufficient evidence presented by both parties but ultimately ruled in favor of the defendants on grounds that since they were non-residents living abroad at the time when this transaction took place it would be impossible for them to appear before a court located within United States territory if necessary so therefore no valid contract could exist between them according to US law at that time.
In the case of Philip Greely, Junior v. William Thompson and William Henry Forman, Justice McLean delivered a dissenting opinion. He argued that the plaintiff had not established his right to recover damages for breach of contract as he failed to prove any actual damage or loss suffered by him due to the defendants’ actions. The Court held that since there was no proof of an injury caused by their conduct, they could not be liable for damages in this instance. Furthermore, Justice McLean noted that even if it were assumed that some kind of wrong had been done by the defendants in failing to fulfill their contractual obligations, such wrong would have been committed against Greely's assignor rather than himself and thus he should not be able to recover on behalf of another party who is not before the court. Ultimately, Justice McLean concluded that under these circumstances there was insufficient evidence presented which would entitle Greely to receive compensation from Thompson and Forman for any alleged breach of contract between them and his assignor.