Hezekiah H. Gear, appellant, brought a case against Thomas J. Parish in the Supreme Court of the United States to recover damages for an alleged breach of contract and trespass on his property. The lower court had found that Gear was entitled to recover damages from Parish for both causes of action but awarded him only nominal damages due to insufficient proof as to the amount he should receive. On appeal, Gear argued that he should have been allowed more substantial compensation because there was sufficient evidence presented at trial regarding his losses resulting from Parish's actions. However, after considering all arguments made by both parties, the Supreme Court affirmed the decision of the lower court and held that Gear could not be compensated beyond nominal damages since no specific amount had been proven during trial as being necessary or appropriate under these circumstances.

Hezekiah H. Gear, the appellant in this case, argued that a deed of trust he had signed was void because it did not contain an express statement that it was to be held as security for the debt owed by him. The majority opinion of the Supreme Court found that such a statement was unnecessary and upheld the validity of the deed. In his dissenting opinion, Justice McLean disagreed with this conclusion and argued that since there were no words indicating an intent to secure payment on a debt or other obligation, then any reasonable interpretation would lead one to conclude that Gear's signature only served as evidence of his agreement with Parish's terms but did not create any legal obligations between them. He further stated that if parties intended their signatures to serve as security for debts they should make sure those intentions are clearly expressed in writing so there is no ambiguity about what has been agreed upon.