...implied by law and that case would also lie for the breach of the legal duty. Littledale, J., said : " Where from a given state of facts the law raises a...consequential damage, there, although assumpsit may be maintaina- current" ..,.,,, , , " .1f . with special ble upon a prom1se 1mpl1ed by law to do the act,...

...on Carr. §| 14Ш, 1404, 1405. At common law, in the absence of an express contract or promise, if from a' given state of facts the law raises a legal...act, and there is a breach of that obligation and consequential damages, although assumpsit may be maintained upon the promise, the more appropriate...

...Burnett v. Lynch, 5 Barn, and Creswell, 589, that "where, from a given state of facts, the law raised a legal obligation to do a particular act, and there is a "reach of that obligation, and a consequential damage, there, algh assumpsit may be maintainable upon...

...Dean v. McLean, 48 Vt. 412. 51 Vt. 334; 55 Vt. 17. 89. The rule is recognized and applied that when from a given state of facts, the law raises a legal...breach of that obligation, and a consequential damage, then, although assumpsit may be maintainable upon a promise implied by law to do the act, still an...

...obligation results 'from it, then the plaintiff's cause of action is most accurately described in assumpsit, in which the promise is stated as the gist of the action. But whore from a given state of facts the law raises a legal obligation to do a particular act, and there...

...results from it, then the plaintiff's cause of action is most accurately described in assumpslt, hi which the promise is stated as the gist of the action. But wfcere, from a given state of facts, the law raises a legal obligation to do a particular act. and...

...approval, from Burnett v. Lynch, 5 B. & C. 609, that— "Where, from a given state of facts, the law raised a legal obligation to do a particular act, and there...breach of that obligation, and a consequential damage, then, although assumpsit may be maintainable upon a promise implied by law to do the act, still an...

...promise and a legal obligation results from it, then the plaintiff's cause of action is in assumpsit, in which the promise is stated as the gist of the action, but where a duty is imposed by the contract or grows out of it by legal implication, as the -duty of a common...

...action against the party liable to make the repairs. Woodring r. Forks Тр., 28 Pa. St. 355.' Where, in a given state of facts, the law raises a legal obligation...do a particular act, and there is a breach of that duty, and a consequent damage, assumpsit may be maintained upon a promise liable by law to do the act....