ASSUMPSIT

Lat He undertook; he promised. A promise or engagement by which. one person a umes or undertakes to do some act.or pay something to another. It may be either oral or in writing, but is not under seal. It is expre if the promisor puts his engagement in distinct and definite language; it is implied where the law infers a promise (though no formal one has pa ed) from the conduct of the party or the circumstances of the case. In practice. A form of action which lies for the recovery of damages for the non-performance of a parol or simple contract; or a contract that is neither of record nor under seal. 7 Term, 351; Ballard v. Walker, 3 Johns. Cas. (N. Y.) 60. The ordinary division of this action is into (1) common or in debit at us a umpsit, brought for I the most part on an implied promise; and (2) special a umpsit, founded on an expre promisb. Steph. Pl. 11, 13. The action of a umpsit differs from trespa and trover, which are founded on a tort, not upon a contract; from covenant and debt, which are appropriate where the ground of recovery is a sealed instrument, or special obligation to pay a fixed sum; and from replevin, which seeks the recovery of specific property, if attainable, rather than of damages. -Implied a umpsit. An undertaking or promise not formally made, but presumed or implied from the conduct of a party. Will enb org v. Illinois Cent. R. Co._, 11 Ill. App. 302.- Special aHum.pait. AD action of CUBUffliJffl [s. 105]