Request

Within the provision of the constitution of a religious society providing that a change therein cannot be granted except at the request of two-thirds of the society, a vote was held not a request Philomath College v. Wyatt, 27 Or. 390, 31 Pac. 216, part of the person making it, that the other party shall do something in relation to a contract. Generally, when a debt is payable immediately, no request need be made; Lent v. Padelford, 10 Mass. 230, 6 Am. Dec. 119; Ernst v. Bartle, 1 Johns. Cas. (N. Y.) 319. In some cases, the necessity of a request is implied from the nature of the transaction; as, where a horse is sold to A, to be paid for on delivery, A must show a request; 5 Terra 409; or impossibility on the part of the vendor to comply, if requested; 5 B. & Ad. 712; previous to bringing an action; and on a promise to marry; 2 Dowl. & R. 55. See Demand. And if the contract in terms provides for a request, it must be made; Ernst v. Bartle, 1 Johns. Cas. (N. Y.) 327. It should be in writing; and state distinctly what is required to be done; 1 Chi tty, Pr. 497. In Pleading. The statement in the plaintiff’s declaration that a demand or request has been made by the plaintiff of the defendant to do some act which he was bound to perform, and for which the action is brought. A general request is that stated in the form “although often requested so to do” (licet swpe requisitus ), generally added in the common breach in the money counts. Its omission will not vitiate the declaration; 1 B. & P. 59; Leflingwell v. White, 1 Johns. Cas. (N. Y.) 100, 1 Am. Dec. 97. A special request, is one provided for by the contract, expressly or impliedly. Such a request must be averred; 2 B. & C. 685; and proved; 1 Saund. 32, n.

2.

It must state time and place of making, and by whom it was made, that the court may judge of its sufficiency; 1 Stra. 89.

See Com. Dig. Pleader (C G9, 70); 1 Saund. 33, n.; Demand.

A trial judge is requested to charge a jury in accordance with points submitted by counsel.