6 Va. 174
Decided April 30, 1800
Court of Appeals of Virginia · decided 1800-04-30
<p>If the appellant promise the appellee, that if the latter will agree to have the appeal dismissed, the appellant will pay him the full amount of the debt, damages and cost then due upon the appeal, add the appellee consents thereto and the appeal is dismissed agreed, the appellee may maintain assumpsit on this promise.</p> <p>The Court may leave the question of damages in such a case, to the jury.</p>
Decided 1800-04-30
¶1Delivered the resolution of the Court, that there was no error in the judgment. That the con*177sideration of the assumpsit was sufficient, and well enough laid. That the evidence was proper upon the declaration. And, that there was no impropriety in leaving the quesiion concerning the damages to the jury.
¶2Judgment affirmed,