[465]. Grant v. Easton, 13 Q. B. D. 302.
[466]. Commentaries II. 443.
[467]. Ibid. III. 159.
[468]. Ibid. III. 162.
[469]. Commentaries III. 160. “A cause of action of contract arises not merely where one party has broken a legally binding agreement with the other, but where two parties stand in such a mutual relation that a sum of money is legally due from the one to the other, in which case the law is said to imply a contract to pay the money.” Clerk and Lindsell, Law of Torts, p. 1.
[470]. Grant v. Easton, 13 Q.B.D. at p. 303.
[471]. Moses v. Macferlan, 2 Burr. 1005 at p. 1009.
[472]. Exall v. Partridge, 8 T. R. 308; 4 R. R. 656.
[473]. Smith v. Baker, L.R. 8 C. P. 350. See further as to the waiver of torts, Lightly v. Clouston, 9 R.R. 713; 1 Taunt. 112; Phillips v. Homfray, 24 Ch. D. at p. 461; Salmond, Law of Torts, § 44.
[474]. County Courts Act, 1888, s. 116. This classification of actions is discussed by Maitland in an appendix to Sir F. Pollock’s Law of Torts.