1 Thompson 30
Decided September 15, 1847
Tennessee Supreme Court · decided 1847-09-15
The plaintiff in error, in September, 1839, executed an instrument not under, seal, in which he agreed ■ to receive of the defendant in error five hundred dollars’ worth of morus multicaulis roots and cuttings, to he delivered at the house of the defendant in error, in Jonesborough, at the market price, on the 15th of March, 1840.
Decided 1847-09-15
¶1delivered the opinion of the'Court:
¶2The promise contained in the paper signed by McClellan was not nudum pactum, but the word “deliverable” in that paper, and the letter of McClellan, from Washington city, were sufficient to authorise the jury to infer an agreement on the part of Cunningham to deliver. the morus multicaulis roots and cuttings.
¶3Judgment affirmed.