11 Okla. L. Rev. 249 (1958)
The Action of Special Assumpsit-Under Modern Codes, Practice Acts and Rules of Court-Part II

handle is hein.journals/oklrv11 and id is 251 raw text is: OKLAHOMA
LAW REVIEW

VOLUME 11                  AUGUST, 1958                   NUMBER 3
THE ACTION OF SPECIAL ASSUMPSIT-UNDER
MODERN CODES, PRACTICE ACTS
AND RULES OF COURT
ALisoN REPPYt
PART II*
I. SCOPE OF THE ACTION
The action of special assumpsit, or trespass on the case in assumpsit,
as we have seen, is so called from the word assumpsit which means that
he undertook or promised, which, when the pleadings were in Latin, was
inserted in the declaration as descriptive of the defendant's undertaking.0
It is a proper remedy for the breach of any simple or unsealed contract,
whether the contract is verbal or written or whether it is for the payment
of money, or for the performance of some other act, as to render services
or deliver goods, or for the forbearance to do some act.' In no case will
the action lie unless there has been an actual contract or promise, or unless
the law will imply one; for a promise either given in fact or implied by
law is essential.2
t Dean, New York Law School. A.B. University of Missouri; J.D. University of Chicago.
Member, American Bar Association-Ed.
* The first part of this article appeared at 11 OxnA. L. REv. 167 (1958).
110 Board of Highway Comm'rs v. City of Bloomington, 253 Il. 164, 94 N.E. 280, Am.
Cas. 1913A, 471, 477 note (1913) ; Clark v. van Cleef, 75 N.J.Eq. 152, 71 AUt. 260 (Ch., 1908) ;
1 Cm'rr, PLEADING AN PART Is To Ac'noNs wrH PREcEDENTs Amn Foa s, c. 11, Of the
Forms of Action 111 (16th Am. ed. Perkins 1876).
111 Rudder v. Price, 1 H.BI. 551, 126 Eng. Rep. 316 (1791).
As to the nature of the action, see the following cases: Ward v. Warner, 8 Mich. 508
(1860) ; Farmers' Nat'l Bank v. Fonda, 65 Mich. 533, 32 N.W. 664 (1887).
112 Thornton v. Village of Sturgis, 38 Mich. 639 (1878) ; Bartholomew v. Jackson, 20
Johns. 28, 11 Am.Dec. 237 (N.Y. 1822); Stamper v. Temple, 6 Humph. 113, 44 Am.Dec. 296

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