Book excerpt: Excerpt from The American State Reports, 1889, Vol. 8: Containing the Cases of General Value and Authority, Subsequent to Those Contained in the "American Decisions" And the "American Reports," Decided in the Courts of Last Resort of the Several States Taking the whole declaration together, I think it must be regarded as consisting of but a single count in case. Neither of its paragraphs avers any promise on the part of the de fendant. Such an averment is essential in assumpsit. If the declaration did, in fact, contain two counts, one in case and the other in assumpsit, it would be clearly bad, because actions founded on tort can never be joined with actions on contracts. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.