Oneale v. Thornton

ERROR to the circuit court of the district of Columbia, sitting in Washington, in an action of assumpsit upon a promissory note, dated August 6th, 1800, payable in nine months thereafter, and given by Oneale to William Thornton, surviving commissioner of the city of Washington, for the purchasemoney of lots No. 1. and 2. in the square No. 107. in that city. The defence set up by Oneale was, that there was no consideration for the note, inasmuch as the superintendant of the city, who (by virtue of the act of congress passed the 1st of May, 1802, entitled 'An act to abolish the board of commissioners in the city of Washington, and for other purposes,') (vol. 6. p. 126.) succeeded to all the powers, duties, and rights, of the late commissioners, whose office was abolished by that act, had abandoned or rescinded the contract of sale, by having sold and conveyed the same lots to another person in fee-simple.