Woodruff v. Clark

3 N.J.L. 1045

Opinion

By the Court.

— We think, by the state of the case, trespass was the proper action; but the distinction between trespass and case, is in many cases so nice, that it only serves to perplex suitors in justice’s courts; and that under the late act of Assembly, we are justified in not reversing for this cause. It must, however, be observed, that the Court mean to preserve the distinction between torts and contracts.

Judgment affirmed.