May not tort be a sufficient ground whereon to found assumpsit f

By the appellant’s counsel. The court did not appear to admit it in Winston v. Francisco, 2 Wash. 187.

Lyons, Judge. That case was decided upon the want of an averment of a promise.

Carrington, Judge. Winston v. Francisco was determined expressly upon the ground that no assumpsit was alledged.

Per Cur. Affirm the judgment.