Villiers v. Lewis

Ohio Superior Court, Cincinnati

Villiers v. Lewis

1 Handy 38

DecidedJuly 1, 1855

StatusPublished

This text of 1 Handy 38 (Villiers v. Lewis) is published on Counsel Stack Legal Research, covering Ohio Superior Court, Cincinnati primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Villiers v. Lewis, 1 Handy 38 (Ohio Super. Ct. 1855).

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Opinion

Per Cur:

The objection is well taken. To constitute a complete cause of action, it should appear not only that the defendant made a promise, but that he has broken it. Such is the rule at common law; and such is the rule under the Code. The plaintiff must show that something, and how much, is due him, before the defendant can be called upon to deny, or avoid, under oath.

Demurrer sustained, and leave given plaintiff to amend.

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Per Cur:

The objection is well taken. To constitute a complete cause of action, it should appear not only that the defendant made a promise, but that he has broken it. Such is the rule at common law; and such is the rule under the Code. The plaintiff must show that something, and how much, is due him, before the defendant can be called upon to deny, or avoid, under oath.

Demurrer sustained, and leave given plaintiff to amend.

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Bluebook (online)

1 Handy 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/villiers-v-lewis-ohsuperctcinci-1855.