Fair v. Murray

The writ in this case was issued in trespass, but,the statement of claim declares in assumpsit upon a contract, for a partial breach of which the plaintiff seeks to recover damages. The defendant’s brief states that no question as to the form of the action is desired to be raised, and as the form of action may, if this be necessary, be amended (Gould v. Gage, 118 Pa. 569, 563; Com. v. Press Co., 156 Pa. 516, 523; Collins v. Barnes, 130 Pa. 356), we may, in disposing of the questions which are raised, treat this as an action of assumpsit, giving leave to the plaintiff to amend.

The Practice Act…