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Judge Roane pronounced the court’s opinion, that the first count in the declaration is defective in this, that no consideration is set out to support the assumpsit therein mentioned;
(1) and that no recovery ought to be had upon the second; the case presented to the court by the jury being that of a nudum pactum, on which no recovery can be sustained, and that the judgment of the said County Court is therefore erroneous.Both judgments reversed, and judgment entered that the
*97 defendant in error (who was plaintiff in the Comity Court) take nothing, &c.(1) See Hall v. Smith, Young, and Hyde, 3 Munf.
The court (on the 17th of December) set aside this judgment and re-considered the case: but afterwards, viz. on the 39lh of March 1814, pronounced the same opinion,
Document Info
Citation Numbers: 4 Munf. 95, 18 Va. 95, 1813 Va. LEXIS 32
Judges: Roane
Filed Date: 12/8/1813
Precedential Status: Precedential
Modified Date: 10/19/2024