Assumpsit

' He engaged or agreed to do a thing. Describes a contract, not under seal, made ■witli another for his benefit^ also, the common-law form of an action of trespass upon the case for damages or failure to perform' such coiitract.* " Debt " lies for an ascertained sum. originally lay for an unascertained-sum, but may now be brought for a fixed sum.

Express assumpsit

An engagement in positive terms to do some particular thing; a^, a!n obligation to pay a promissory note.

Implied assxunpsit

An engagement which the law will infer from circumstances; such obligation as reason and justice dictate, and as the law presumes a man has contracted to perform; as, to pay a judgment, a forfeiture, or a penalty.* The presumption in such case is that every man engages to do what duty or justice requires him to do. " Indebitatus assumpsit. He, being indebted, undei'took. The species of the action which charges a promise to pay from the mere fact that an indebtedness exists. Rests upon an implied promise to pay what in good conscience ought to be paid.^ Called also common or general assu Tnpsit The promise, the consideration (the facts oiit of which the obligation grows), and the breach, should be averred-* Special assumpsit. The agreement, and the form of action therefor, which rests upon an express undertaking. In declaring upon a special assumpsit, the undertaking should be set out in the precise terms used. The action of assumpsit lies for — the worth of work done; the value of goods bought and delivered; money received which shoidd not be retained; money ■ Cincinnati, &c. E. Co. v. Indiana, &c. E. Co., 44 Ohio St. 314 (1886)., ■ V ' Jenkins v. State, 63 Wis. 63 (1885). s L. assumpsit, he has undertaken, he undertook: assumere, to take upon one's self. < See 8B1.

Com. 168-67; Carrol v. Green, 92 U. S. 513 (1875); Hendrick ■!). Lindsay, 93 id. 143 (1876); Boston, &c. Smelting Co. v. Smith, 13 E. 1.

36 (1880), cases. '3 Bl. Com. 158, 169, 162; Lloyd v. Hough, 1 How. spent for another at his request; a balance due on account; damages for Injury fromfwant of integril or of care or skill assumed to be possessed or exerte( See CouBT, 4 (1), Common. Indebitatus assumpsit is founded on what the l£ terms an implied promise on the part of the defenda to pay what in good conscience he is bound to pay the plaintiff... The law never implies a promise pay unless someduty creates the obligation; and nev a promise to do an act contrary to duty or to lav Nunquam indebitatus, he never undertook, is t name of the general issue in the indebitatus specie but has been used, like nil debet, in debt on simi contract. Non assum.psit. He has not unde taken, or did not undertake. The name i the general denial in the foregoing actions.

Non assumpsit infra sex annos

He d not undertake within six years. The plea < the statute of limitations in these actions Compare Actio, Nonaccrevit, etc.

See further Action, 3; Case, 3; Contract; Cc enant; Debet; Debt; Promise.