Case No. 17,906.

WISE v. DECKER.

[1 Cranch, C. C. 171.]¹

Circuit Court, District of Columbia.

June Term, 1804.

ASSUMPSIT FOR RENT.

Assumpsit will not he at common law on a parol demise. The statute 11 Geo. II. c. 19, is not in force in Virginia.

Assumpsit for rent, on a parol demise. Demurrer to 1st count.

Mr. Taylor and Mr. Jones, for defendant Assumpsit will not lie at common law for rent on a demise. 11 Geo. II. c. 19; Esp. N. P. 20; 4 Bac. Abr. 366; Chapman v. Southwicke, 1 Lev. 204; Johnson v. May, 3 Lev. 150; Dartnal v. Morgan, Cro. Jac. 598; Clerk v. Palady, Cro. Eliz. 859; 2 Bl. Comm. 41; Co. Lift 141 (6). There must be a special and collateral promise. Reade v. Johnson, Cro. Eliz. 242; Symcock v. Payn, Id. 786; Slack v. Bowsal, Cro. Jac. 668; Brett v. Read, Cro. Car. 343; Acton v. Symon, Id. 414; Ashbrooke v. Snape, Cro. Eliz. 240.

The statute 11 Geo. II. was made to remedy this inconvenience; but that statute is not of force in Virginia.

Mr. Young, for plaintiff, cited Dartnal v. Morgan, Cro. Jac. 598; 4 Bac. Abr. 366; 387Hunt v. Sone, Cro. Eliz. 118.

The count was adjudged bad by THE COURT, nem. con.

[See Case No 17,907.]

¹ [Reported by Hon. William Cranch, Chief Judge.]

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