Hitchcock v. Page

1 Root 293

Opinion

Judgment — Manifest error. As to the first exception in error, the judgment does answer the issue and more which is surplusage. As to the second exception, the declaration is clearly bad, for want of consideration and for want of certainty — and the want of a consideration in an action upon a parol promise, is not aided by the finding of the justice, or by verdict of a jury; for as it is not alleged, it need not be proved on the trial.