3 Va. 566
Decided February 9, 1813
Supreme Court of Virginia · decided 1813-02-09
IN an action of assumpsit, “ Hugh Holmes complained °f Joseph Sexton, in custody &c., of a plea, for this, to W^C’ t^lat whereas, on the 4th day of March, in the year of our Lord 1804, certain articles of agreement were 7. , made, and entered into, by the said Hugh Holmes and Joseph Sexton, and a certain discourse had and moved, °f» and concerning a certain tract of land in the county °f Frederick, wherein and whereby it was agreed between them, that the said Hugh Holmes, on…
Decided 1813-02-09
¶1pronounced the following opinion of the Court:
“ The Court (not deciding upon any other point made, .or occurring, in this cause) is of opinion that the judgment is erroneous in this, that there is no promise or assumpsit sufficiently averred in the declaration.. The judgment is, therefore, reversed, with costs, and judgment entered for the appellant,”