Alsope v Sytwell
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 13
King's Bench Division
Assumpsit.
[18] alsope versus sytwell, The plaintiff declar'd that in consideration he would marry the defendant's niece, the defendant undertook and promised to give the plaintiff as much in marriage with his said niece, as before agreasset dare in maritagio with the said niece to one Jarvis Ayer, and alledg'd in facto that the defendant had agreed to give Jarvis Ayer 10001. si ipse marifare mild the said niece ; and alledg'd in facto that the plaintiff, relying upon this promise, had married ihe said niece, yet, &c. to his damage 10001. and upon nou ussumpsit pleaded, it was found for the plaintiff' to the damage of 10001. And it was moved in arrest of judgment, that the declaration was not good, but incertain ; because it was not altedg'd with whom the defendant agreed to give 10001. to Jarvis Ayer, if he had married the said niece. And (per Fenner and Yelverton) it is a good exception ; because for any thing that appears in the declaration, it is but the defendant's report to gave Ayer 10001. si, etc. and no agreement ; for that ought to be perfect, and that perfection rests between two persons at least, and there is no person named with whom the defendant agreed to give Jarvis 10001. si, c6fl. and that is material, and a point traversable : but Gaudy and Popham clearly to the contrary ; for the agreement is but a thing collateral, and only an inducement to the promise, which is the principal cause of tire action ; and inducements need not be alledged so certain in a declaration as those things ought to be which are the foundation of the action : and therefore it is sufficient to alledge inducements generally, without certainty of name...
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