Charles Kelsey and Charles M'Intyre, appellants, were taken to court by Alfred M. Hobby and Thomas P. Bond, complainants. The dispute was over a contract between the two parties in which Kelsey and M’Intyre agreed to pay $2,000 for land owned by Hobby and Bond located in Greene County Georgia. According to the agreement made between them both parties had an obligation; however when it came time for payment of the money due from Kelsey and McIntyre they failed to do so as promised causing Hobby and Bond to file suit against them seeking relief through legal action. After hearing arguments from both sides on appeal before the Supreme Court of Georgia it was decided that there was no evidence presented that would support any claims made by either party regarding their respective obligations under this contract thus leaving neither side with any recourse or remedy available at law or equity making this case nullified without further proceedings necessary.

In the case of Charles Kelsey and Charles M'Intyre v. Alfred M. Hobby and Thomas P. Bond, the dissenting opinion argued that a contract between two parties should be enforced as written unless it is found to be illegal or against public policy. The majority had ruled that an agreement made by Kelsey and McIntyre was not binding because they did not have legal title to the property in question at the time of entering into their agreement with Hobby and Bond; however, Justice Catron disagreed with this ruling on grounds that there was no evidence presented which showed any illegality or violation of public policy associated with this particular contract. He further argued that if such evidence existed then it should have been brought forward during trial so as to allow for proper consideration before making a decision regarding its enforceability under law.