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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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