Spencer v. Hewett
Supreme Court of Georgia
Complaint.- Macon County. Tried before Judge Worrill, March Term, 1856. William Spencer brought an action of complaint against Armsted Hewett, to recover the sum of $100 as the value of' a certain “two-horse wagon” mentioned in an account attached to plaintiff’s declaration.
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Complaint.- Macon County. Tried before Judge Worrill, March Term, 1856. William Spencer brought an action of complaint against Armsted Hewett, to recover the sum of $100 as the value of' a certain “two-horse wagon” mentioned in an account attached to plaintiff’s declaration. On the trial, plaintiff proved by Peter Simmons that he, witness, sometime in the year 1855, left in a wagon yard in Columbus a wagon belonging to plaintiff — the same plaintiff had a few days before purchased of James R. Nelson;. .that 'defendant admitted to him (witness) that he had gone without authority of plaintiff…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The action in this case was in the form of “ an action on ; an account,” authorized by the Act of 1847, “to simplify ■and curtail pleadings at law.” And the question is, was that the proper form for the action ? The Court held that it was not, but that trover was.
Considering this as an action in contract, we can find no English case that is a precedent for it. The case of Hill vs. Parrot, (3 Taunt. 273,) comes nearest to being such precedent. But in that case the facts were such, that unless an *428action ex contractu would lie, none would lie. Anci…
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