Farrell v. Knapp

Decided July 15, 1803

District of Columbia District Court · decided 1803-07-15

The plaintiffs own oath is not evidence in any case, unless made within one year from the date of the articles charged. Upon general indebitatus assumpsit for two hundred dollars, for work and labor, there must be evidence Qf an express promise to pay a certain sum. A special agreement to do the work, at certain prices, cannot be given in evidence, on a general indebitatus assumpsit.

Decided 1803-07-15

The Court

¶1refused to give the instruction.

¶2Mr. Mason then moved the Court to instruct the jury that the evidence which tended to prove that a special agreement had been made as fa the prices, did not support the general count oí indebi-tatus assumpsit, for work and materials.

¶3The testimony was, that it had been agreed between the plaintiff and defendant that the price of laying the bricks should be twenty-one shillings a thousand, and the arches at a certain price.

¶4The Court were of opinion, that upon this count for two hun*132dred dollars for work and labor, the plaintiff must prove an express assumpsit for a certain sum; and that there being no count on the special agreement, it cannot be gfcen in evidence in this action.