Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

Samuel Smyth v. Strader, Pevine, & Co

1851 • 53 U.S. 327 • Taney Court
In the case of Samuel Smyth v. Strader, Pevine & Co., the Supreme Court was asked to decide if a contract between two parties could be enforced when it had been made without consideration. The plaintiff in this case, Samuel Smyth, argued that he had entered into an agreement with defendants Strader, Pevine & Co., whereby they would pay him $2 per acre for land owned by him and located in Indiana. However, no money ever changed hands as part of the agreement and therefore there was no...Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Taney Court
Term: 1851
53 U.S. 327
13 L. Ed. 1008
1851 U.S. LEXIS 659

Samuel Smyth v. Strader, Pevine, & Co

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

In the case of Samuel Smyth v. Strader, Pevine & Co., the Supreme Court was asked to decide if a contract between two parties could be enforced when it had been made without consideration. The plaintiff in this case, Samuel Smyth, argued that he had entered into an agreement with defendants Strader, Pevine & Co., whereby they would pay him $2 per acre for land owned by him and located in Indiana. However, no money ever changed hands as part of the agreement and therefore there was no consideration given or received by either party at the time of making their contract. The Supreme Court ultimately decided that even though there was no consideration exchanged between them at the time of entering into their agreement, both parties were still bound to fulfill its terms since each side expected something from it - namely payment for land on one side and ownership rights on another - which constituted sufficient value under law to make it enforceable despite not being supported by any actual exchange of goods or services.

Dissent Summary
AI Abstract

In the case of Samuel Smyth v. Strader, Pevine & Co., the Supreme Court was tasked with determining whether a contract between two parties could be enforced when it had been made without consideration. The majority opinion held that since there was no consideration given for the contract, it could not be enforced in court and thus dismissed Smyth's suit against Strader, Pevine & Co. However, Justice McLean dissented from this decision on grounds that he believed an agreement should still be considered binding even if there is no consideration present at its formation. He argued that contracts are based upon mutual trust and confidence between two parties and can still hold up in court despite lacking any form of tangible exchange or benefit to either side involved in making them. Furthermore, he noted how such agreements were often upheld by courts prior to this ruling which further supported his argument for why they should remain enforceable under law going forward as well.

Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms