ASSUMPSIT. im 
if there be an immediate confideration for it; and not 
time during life, i LilL. Abr. 112. On promife to deliver 
a thing fuch a day, the party 4 s bound to do it without 
requeft. 1 Lev. 284. But, if a promife be to do any thing 
upon requelt, the requeft is necelfary to intitle the plaintiff 
to the action on which it lhall arife. 1 Lev. 48. Though 
in every indebitatus aflumpfit, it is alleged the defendant 
promifed to pay on requeft, and that he was requefted, and 
refufed payment, yet no requeft is ever proved. The 
time for the performance of the promife being elapfed, and 
the promife not performed, the law prefumes requeft, un- 
lefs in a particular cafe where a thing is not to be done, 
until requeft. Every executory contraft, and debt that 
is not upon record, or on a fpecialty, which may be turned 
into damage, imports in it an aflumpfit in law, and one 
may have debt or action on the cafe upon it at his election ; 
for when a man doth agree to pay money, or to deliver any 
thing, he thereby promifeth to pay or deliver it. Ptowd. 
128. t Cro. 94. Every contract executory implies an af- 
fumpfit to pay money at tlTe day agreed, or immediately, 
if no time be limited. Mo. 667. 
Indebitatus aflumpfit lies by a prothonotary againft an 
attorney, for fees for work done for defendant as attorney. 
Holt's Rep. 20. Alfo fora cuftomary fine; for fees for being 
knighted ; for money paid by miftake, on an account or de¬ 
ceit ; but not for money paid knowingly on illegal confide¬ 
ration, as an ufurious bond. Salk. 22. Indebitatus aflumpfit 
a'lfo lies on a judgment of a foreign court without declaring 
upon or proving the grounds or caufe of adtion; and if the 
judgment was obtained unfairly, defendant mil ft fliew it. 
Long. 1, 4. Though aflumpfit lies not for rent ufually re- 
ferved on leafes; yet, if a man promife to pay, without a 
leafe, fo much a week as long as A, B, &c. permits him 
to enjoy a warehoufe, &c. which is a fpecial caufe of pro¬ 
mife, this aftion will lie. 2 Cro. 592. Now, by 11 Geo. II. 
c. 19. f. 14. where the demife is not by deed, the landlord 
may recover his rent in an aftion on the cafe, for life and 
occupation. 
Where a perfon pays money upon a miftake; or if he 
receives more from another in a reckoning than he ought, 
or more fees than fhould be taken, an aflumpfit lies. 1 Salk. 
22. Comb. 447. It a man receives money for the ufe of 
another perfon, aflumpfit may be had againft him, which 
fupplies the place of action of account: and, where money 
was depolited on a wager, an indebitatus lay for money 
received to a man’s ufe. Show. 117. If, where a promife 
is made, one part of it is againft law, and another part of 
it lawful, this is ground fufficient for aftiunpfit. \Rep.c).\. 
If a man delivers money to A. B. to my ufe, I may have 
an adtion on the cafe againft him for this money. If a man 
accounts, and upon the account is found in arrear to a 
certain fuin, and prefently in confideration thereof aHumes 
to pay the debt at a day ; aftion on the cafe lies for this 
after the day. Yelv. 70. And on a promife to pay a turn 
of money at fo much a month, an action on the cafe may 
be brought before the whole is payable ; for it is grounded 
upon the promife, which is broken by every non-payment, 
and damages may be recovered. 2 Cro. 504. See Debt. 
Some agreements, though never fo exprefsly made, are 
deemed of fo important a nature, that they ought not to 
reft in verbal promife only, which cannot be proved but 
by the memory of witnefles. To prevent which, the ftatute 
of frauds and perjuries, 29 Car. 11 . c. 3. enacts,, that in the 
five following cafes no verbal promife fha.ll be fufficient to 
ground an action upon, but at the leaf! feme note or me¬ 
morandum of it ftiall be made in writing, and figned by 
the party to be charged therewith. 1. Where an execu¬ 
tor or adminiftrator promifes to anfwer damages- out of his 
ow n eftate. 2. Where a man undertakes to anfwer for the 
debt, default, or mifearriage, of another. 3. Where any 
agreement is made, upon confideration of marriage. 4. 
Where any contraft or fale is made of lands, tenements, 
or hereditaments, or any interell therein. 5. And, laftly, 
where there is any agreement that is not to be performed 
within a year from the making thereof. In all thefe cafes 
a mere verbal aftlnnpfif is Void. 'The fame ftatute pro¬ 
vides, that no contraft for fale of goods for the price of 
10I. or upwards, ftiall be good, except the buyer aftually 
receive part of the goods lold, or give earneft; or there be 
fome note or memorandum in writing of the bargain being 
made by the parties or their agents. A letter written by 
a party is a fufficient memorandum. 3 Burr. 1663. A parol 
promife of marriage between parties is not within the fta¬ 
tute. Str. 34. 5 Mod. 411. Salk. 24. 
As to promifes for the debt, &c. of another; if a per¬ 
fon for whofe ufe goods are furniffied be liable at all, any 
other promife by a third perfon to pay that debt muft be 
in writing. 1 Term Rep. So. And there is no diftinftion* 
between a promife to pay for goods furniffied to a third 
perfon made before they are delivered, and one after. 
2 Term Rep. 80. Cowp. 227. But if the credit was given to 
the promifer originally, and the party furnifhing the goods' 
cannot recover againft the perfon for whofe ufe they were 
furniflied, then the perfon promiling is liable ; as if one 
fay, “ let A have goods, and I w ill pay you ;” or, “ look 
to me for payment.” All promifes and contracts are to- 
receive a favourable interpretation ; and fuch conftruftion 
is to be made, where any obfeurity appears, as will beftr 
anfwer the intent of the parties ; otherwife a perfon, by 
obfeure wording of his contraft, might find means to evade 
and elude the force of it. Hence it is a general rule, that 
all promifes ftiall be taken moft ftrongly againft; the pro- 
mifer, and are not to be rejected, if they can by any means 
be made out. If a man promifes another, in confideration 
that he will afiign to him a certain term, to pay him iol. 
this is a good alfumpfit, though the time of alignment and 
payment be not appointed ; for the iol. fhall be paid in a 
convenient time after the afligmnent, which alfo muft be 
done in a convenient time, and he ftiall not have time du¬ 
ring his life. 1 Roll. Abr. 14, 15. If there be an agreement 
to enter into an obligation for performance of a thing of a 
certain value, without mentioning in what fum, it ftiall be 
according to the value. 1 Sid. 240. 
The confideration is the ground of the common aftion on- 
the cafe: and no aftion on the cafe lietli againft a man for 
a promife where there is no confideration" w by he lliould- 
make the promife. 1 Danv. 53. A confideration altoge¬ 
ther executed and paft was anciently held not to be fuffi¬ 
cient to maintain an alfumpfit, but this doftrine is denied 
by the court of K. B. 3 Barr. 1671. See alfo Cro. Eliz, 282, 
by which it appears, that, though the confideration were - 
executed, it would be fufficient if laid at plaintiff's requeft. 
If an infant promife, after he is of full age, to pay a debt 
incurred in his infancy, this will bind him. 1 Term Rep. 648. 
If A undertakes to do a thing without hire, as to take 
brandies out oi one cellar, and to lay them down in ano¬ 
ther cellar, no aftion lies for the non-fcafance ; but, if he 
enters on the doing it, aftion lies for a mif'-feafance, if it 
be through his own negleft,. or mifmanagenient, becaufe 
it is a deceit; but not if by mere accident ; per Ilolt,, 
1 Salk. 26-. Vide ^Salk. 11. Where the doing a thing will 
be a good confideration, a promife to do that thing will be 
fo too ; per Holt, Ch. J. 12 Mod. 459. Parting w ith my note 
to the defendant is a good confideration. 7 Mod. 12,13. 
Implied contrafts, are fuch as do not arife from the 
exprefi. determination of any court, or the pofitive direc¬ 
tion of any ftatute ; but from natural reafon and the juft 
conftruftion of law : which extends to all prefumptive 
undertakings and aflitmpftts : which, though never per¬ 
haps aftually made, yet conflantiy arife, upon this general 
implication and intendment of the courts of judicature, 
that every man hath engaged to perform what his'duty 
or juftiee requires. Thus, if I employ a perfon to tranfaft - 
any bufinefs for me, or perform any work, the law implies 
that F undertook, of aflumed to pay him fo much as his 
labour deferved. And, if I negleft to make him amends,, 
he has a remedy for this injury, by bringing his-aftion on 
the cafe upon this implied alfumpfit; wherein he is at li¬ 
berty to fugged, that I promifed to pay him fo much as 
he reafonably deferved, and then to aver that his trouble 
was- 
