Villiers v. Lewis

The objection is well taken. To constitute a complete cause of action, it should appear not only that the defendant made a promise, but that he has broken it. Such is the rule at common law; and such is the rule under the Code. The plaintiff must show that something, and how much, is due him, before the defendant can be called upon to deny, or avoid, under oath.

Demurrer sustained, and leave given plaintiff to amend.