John C. Paige brought a case against Martha A. Sessions to the Supreme Court of the United States in 1846, arguing that he was entitled to recover damages for an alleged breach of contract between them. The dispute arose from a verbal agreement made by Paige and Sessions in which they agreed that if Paige paid off certain debts owed by her late husband's estate, she would convey title to him on two tracts of land located in Alabama. After paying off these debts, Sessions refused to transfer title as promised and instead conveyed it elsewhere without his knowledge or consent. In its decision, the court held that although there was no written evidence of their agreement, oral contracts are enforceable under common law principles and therefore found for Paige; however due to lack of proof regarding what amount he had actually paid out on behalf of Session’s late husband’s estate they were unable award any damages beyond nominal compensation for his trouble with bringing suit against her.

In the case of John C. Paige v Martha A. Sessions, Justice McLean delivered a dissenting opinion in which he argued that the plaintiff had failed to prove his claim for relief and should not be granted any damages from the defendant. He noted that while there was evidence presented by both parties, it did not establish a clear right or wrong on either side and thus could not support an award of damages to either party. Furthermore, he argued that even if one were to accept all of the facts as true as presented by each party, they still would fail to show any legal cause for granting relief in favor of either party due to lack of proof regarding their respective claims. As such, Justice McLean concluded that no judgment should have been entered against either party and instead recommended dismissal with prejudice so neither could bring suit again on this matter without further proof being provided first.