Opinion of the Court. — This was. an action of assumpsit, brought on a parol agreement, which does not appear from the declaration to have been reduced to writing. A writ of inquiry was executed, and judgment rendered for the damages assessed by the jury.

This court is of opinion the judgment is erroneous ; because there is nO consideration laid in the declaration, *226sufficient to support the action,* and because there is no promise or assumpsit alleged.

Judgment reversed; and the cause remanded for new proceedings, to commence by filing a new declaration.