This case involved a dispute between George Harrison, Thomas H. White and others (the appellants) and Henry Nixon, the surviving executor of Matthias Aspden (the respondent). The appellants claimed that they had purchased certain lands from Aspden in 1829 for $3,000. They argued that the deed was not properly executed according to Pennsylvania law because it did not contain an acknowledgment by a justice of the peace or other officer authorized to take acknowledgments. The Supreme Court held that although there was no formal acknowledgement as required by Pennsylvania law at the time, this fact alone would not invalidate a deed if all parties were aware of its contents and intended it to be binding on them. Furthermore, since both parties had acted upon their agreement for six years without any objection being raised during this period – including paying taxes on the land – then it could be assumed that both sides considered themselves bound by its terms even though there was no formal acknowledgement made at execution.

In the dissenting opinion of George Harrison, Thomas H. White and others v. Henry Nixon, surviving executor of Matthias Aspden, Justice McLean argued that the court should have found in favor of appellants on their claim for damages against appellee's estate due to a breach of contract. The original agreement between parties was that appellants would pay $10 per acre for land owned by Aspden; however, when they attempted to make payment at the agreed upon time and place it was refused by appellee’s agent who stated he had no authority from his principal to receive it. Appellants then paid into court as directed but were not able to obtain possession or title until after Aspden’s death which caused them considerable delay and expense in obtaining clear title. Justice McLean felt this constituted sufficient grounds for awarding damages since there was an implied obligation on part of appellee’s agent not only to accept payment but also convey title according to terms specified in contract with appellants if he accepted money tendered him as authorized representative.