Watkins' Case
Court of Common Pleas (England)
Y.B. Hil. 3 Hen. VI, f. 36, pl. 33 (1425)
Relevant factsFree
W.B. (plaintiff) sued Watkins (defendant) by writ of trespass on the case, seeking 10 marks in damages, claiming Watkins had undertaken to build him a mill by Christmas and never did. Watkins argued the claim was defective because no price for the mill's construction had ever been declared. Watkins also claimed W.B. had told him the mill was no longer wanted, which W.B. denied.
IssueFree
Whether a writ of trespass on the case, a tort-based form of action, may be maintained against a party for merely failing to perform an undertaking, such as failing to build a promised mill, rather than for an affirmative act performed badly.
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