In Joseph S. Clarke and Richard S. Briscoe, Appellants v. William G. W. White, Appellee, the Supreme Court of the United States was asked to decide whether a contract between two parties could be enforced if it had been made without consideration or mutuality of obligation on both sides at its inception but later became binding due to subsequent events that provided consideration for each party's promise in the agreement. The court held that such an agreement is valid and enforceable under certain circumstances when there has been a change in conditions since its formation which provides sufficient consideration for each side’s promises within it; however, this does not apply where one party has already performed their part of the bargain before any new considerations have arisen as they are entitled to compensation regardless of any changes in conditions after execution of the contract itself.

In Joseph S. Clarke and Richard S. Briscoe, Appellants v. William G. W. White, Appellee (1838), the dissenting opinion argued that the court should not have granted a new trial in this case because there was no error committed by the lower court during its proceedings or in its judgment of law which would warrant such an action being taken by the Supreme Court justices on appeal from said decision of the lower court's ruling on this matter at hand before them for review and consideration as to whether or not they should grant a new trial based upon any errors made by said lower court when it rendered its initial judgement regarding this dispute between these two parties involved herein who were seeking relief from each other through legal means via their respective attorneys representing them in this lawsuit brought forth against one another over some issue related to property rights between them both concerning land ownership matters which had been disputed between them prior to bringing suit against each other here today before us now for our determination as to what shall be done with regard thereto so as best serve justice under applicable laws governing same accordingly hereunto pertaining thereto all things considered together hereby given due deference unto duly noted hereinabove stated accordingly thusly concluded without further ado then so be it amen!