Slade’s Case: 1598

The parties had ageed for the sale of wheat and rye crops. Slade complained as to the breach, seeking to bring an action in assumpsit. The defendant denied the existence of a contract.
Held: A jury returned a special verdict, finding Defendant paid Plaintiff for the wheat and the rye and that there was no other promises made between Plaintiff and Defendant other than the bargain in question. The issue was presented to the Justices and Barons to resolve differences between the courts regarding the issue. Where the parties has agreed for a thing, provided one had carried his duties, the other could be compelled by an action in assumpsit without formal requirements for actions on the contract

Citations:

[1598] EngR 39, (1598) 4 Co Rep 92, (1598) 76 ER 1074, [1598] EngR 40, (1598) 4 Co Rep 91, (1598) 76 ER 1072

Links:

Commonlii, Commonlii

Contract, Litigation Practice

Updated: 18 May 2022; Ref: scu.427556