In the case of James Todd v. Otis Daniell, appellant James Todd brought a suit against defendant Otis Daniell for damages resulting from an alleged breach of contract. The dispute arose when Daniell refused to pay a debt he owed to Todd in exchange for goods and services provided by him. In his defense, Daniell argued that the agreement between them was invalid because it had not been made in writing as required by law at the time. The Supreme Court ultimately ruled in favor of Todd, finding that although there was no written record of their agreement, its existence could be inferred based on evidence presented during trial which showed that both parties had acted upon it as if it were valid and binding. This decision established precedent affirming oral contracts can still be legally enforced even if they are not put into writing according to applicable statutes or regulations.

In the case of James Todd v. Otis Daniell, Justice McLean wrote a dissenting opinion in which he argued that the court should have found for the appellant and awarded him damages. He reasoned that although there was no express contract between the parties, it could be inferred from their actions and words that an implied agreement existed whereby Daniell agreed to pay Todd for his services as a surveyor. Furthermore, McLean noted that even if such an agreement did not exist at common law, it would still be enforceable under equity principles since both parties had acted upon it in good faith. In conclusion, he stated that justice required awarding damages to Todd given all of the circumstances surrounding this case.