Cummings v. Synnott

Citations

• 120 F. 84
• 56 C.C.A. 490
• 1903 U.S. App. LEXIS 4465

Syllabus

<p>1. Assumpsit — Grounds to Support Action — Implied Promise.</p> <p>Plaintiff and defendant, who with another owned all the stock of a corporation, on behalf of themselves and .such other entered into a contract for the sale of said stock. On thé same date defendant and the purchaser made a secret agreement by which defendant was to be paid a further sum for his interest, in consideration- of which he also gave an option on other property owned by him. Both the agreements ' were cárried out. Held, that whatever might be defendant’s liability in an action for deceit or a suit in equity for an accounting, plaintiff could not maintain an action in assumpsit to recover a definitive part of the amount so received by defendant, and claimed as bis own, there being neither an express nor implied promise to support such action.</p> <p>¶1. See Assumpsit, Action of. vol. &. Cent. Dig. § 1.</p>