Gibbs v. Dempsey

Supreme Court of New Jersey

Gibbs v. Dempsey

3 N.J.L. 617

DecidedFebruary 15, 1810

StatusPublished

This text of 3 N.J.L. 617 (Gibbs v. Dempsey) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gibbs v. Dempsey, 3 N.J.L. 617 (N.J. 1810).

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Opinion

By the Court.

— The state of demand is defective in not setting out a breach of the contract; the plaintiff sets out a contract with sufficient exactness, hut he does not assign any breach; a non-performance of the contract was essential to the right of action; this is not merely a right of action defectively set out, which might he cured by verdict; but the breach, the non-performance of the contract, is not pretended to be set out at all; there is also a vagueness in setting out the damages, which is not necessary now to take notice of.

Judgment reversed.

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By the Court.

— The state of demand is defective in not setting out a breach of the contract; the plaintiff sets out a contract with sufficient exactness, hut he does not assign any breach; a non-performance of the contract was essential to the right of action; this is not merely a right of action defectively set out, which might he cured by verdict; but the breach, the non-performance of the contract, is not pretended to be set out at all; there is also a vagueness in setting out the damages, which is not necessary now to take notice of.

Judgment reversed.

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Bluebook (online)

3 N.J.L. 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbs-v-dempsey-nj-1810.