Assumpsit

Lat He undertook; he promised. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. It may be either oral or in writing, but is not under seal. It is express lf the promisor puis his engagement in distinct and definite language; it is implied where the law infers a promise (though no formal one has passed) from the conduct of the party or the circumstances of the case.

In practice. A form of action which lies for the recovery of damages for the non-performance of a parol or simple contract; or a contract that is neither of record nor under seal. 7 Term, 351; Ballard v. Walker, 3 Johns. Cas. (N. Y.) 60. The ordinary division of this action is into
(1) common or indebitatus assumpsit, brought for the most part on an implied promise; and
(2) special assumpsit, founded on an express promise. Steph. Pi. 11, 13. The action of assumpsit differs from trespass and trover, which are founded on a tort, not upon a contract; from covenant and debt, which are appropriate where the ground of recovery is a sealed instrument, or special obligation to pay a fixed sum; and from replevin, which seeks the recovery of specific property, if attainable, rather than of damages.

— Implied assumpsit. An undertaking or promise not formally made, but presumed or implied from the conduct of a party. Willen-borg v. Illinois Cent. R. Co., 11 III. App. 3O2.

— Special assumpsit. An action of assumpsit is so called where the declaration sets out the precise language or effect of a special contract, which forms the ground of action; as distinguished from a general assumpsit, in which the technical claim is for a debt alleged to grow out of the contract, not the agreement itself.

1. 1. He assumed; be undertook, or undertaking; the name of an action person injured by non-performance of runt super se: they took upon themselves sit pro rata: he undertook agreeably to assumpsit; Implied assumpsit; Indebitatus

Lat. Hea undertook; he promised. A promise or engagement by which one person assumes or undertakes to do some. act or pay something to another. It may ba gement in distinct and definite language; bis implied where the law infers a promise hough no formal one has passed) from the miduet of the party or the circumstances of ie case, ti practice. A form of action which lies rthe recovery of damages for the non-permance of a parol or simple contract: or acontract that is neither of record nor under ul. 7 Term, 351; 3 Johns. Cas, 60. The ordinary division of this action is into 1} common or indebiiatus assumpsit, sight for the most part on an implied omise; and (2) special assumpsit, founded jan express promise, Steph. Pl. 11, 13. The action of asswmpsit differs Trom tras« ass and trove, which are founded on a tort, it upona contract; from covenant and debi, ich are appropriute where the ground of very is a sealed instrument, or special ligation to pay a fixed sum; and from re Jevin, which seeks the recovery of specific mnerty, if attainable, rather than of damce

' 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.

/. He assumed; he undertook. A promise, contract, undertaking. The name of an action on the case, which lies for the party injured by the non-performance of a parol contract. It the contract or promise is express, the action is called special assumpsit; indebitatus assumpsit or general assumpsit, it implied by law. This latter action generally applies only to contracts resulting in a debt; and judgment is given as damages for the detention of the debt, differing thus from the action of Debt. Assumpserunt super se: they undertook.

Lat. \irom assum^re, to undertake.] In practice and pleading. (He undertook.) The name of a civil action given by law to the party injured by the breach or non-performance of a parol contract (that is, a contract not under seal) legally entered into. It lies upon contracts either express, or implied by law, and gives the party damages m proportion to the loss he has sustained by the violation of the contract. 4 Co. 92. Bac. Abr. Assumpsit. 1 Chitt. PI. 98, 99. 1 Archb. iV^. Prius, 1. Browne, on Actums, 3 1 8 — 3 3 3. It is technically an action on the case, and derives its name from the emphatic word of the clause in the writ and declaration, (when in Latin,) expressive of the defenoant's undertaking, — " super se assumpsit, et ad tunc, et ibidem fideliterp romisit" —, (undertook, and then and there faithfully promised). 1 Chitt. PI. Ill, 112. Towns. PI. 410, 411. See Indebitatus assumpsit. This characteristic and once indispensable word is, however, now omitted in the English forms. Reg. Gen. Trin. T 1 WillJV. 1 Chitt. PL 98, note (g). The undertaking or promise itself, upon which an action of assumpsit may be brought. S BL Com. 167. Termes de la leg. Cowell.