Breach

In pleadmg. That part of the declaration immediately preceding the ad damnum clause, in which the vidation of the' defendant's contract is stated. 1 Chitt. PL 332, 374.

pleading, is that part of the declaration in which the violation of the defendant’s contract is stated. It is usual in assumpsit to introduce the statement of the particular breach, with the allegation that the defendant contriving and. fraudulently intending craftily and subtilely to deceive and defraud the plaintiff, neglected and refused to perform, or performed the particular act, contrary to the previous stipulation. In debt the breach or cause of action complained of must proceed only for the non-payment of moncy previously alleged to be payable; and such breach is nearly similar, whether the action be in debt on simple contract, specialty, record, or statute, and is usually of the following form: “ Yet the said defendant, although often requested so to do, hath noi as yet paid the said sum of dollars, above demanded, nor any part thereof to the said plaintiff, but hath hitherto wholly neglected and refused so to do, to the damage of the said plaintiff — dollars, and therefore he brings suit, &c. The breach must of the stipulation; it*ought to be assigned in the contract; either negatively or affirmatively, or in words which are co-extensive with its import and effect. Com. Dig. Pleader, C 45 to 49; 2 Saund. 181, b, c; 6 Cranch, 127; and see 5 John. R. 168; 8 John. R. 1113; 7 John. R. 376; 4 Dall. 436; 2 Hen. & Munf. 446. When the contract is in the disjunctive, as, on a promise to deliver a horse by a particular day, or pay a sum of money, the breach ought to be assigned that the defendant did not do the one act nor the other. 1 Sid. 440; Hardr. 820; Com. Dig. Pleader, C.