An express promise, by all the books, will support this action. Some of them say an implied promise will not, because debt for rent is the assigned action. The promise here stated may be taken to have been an express one, as the contrary is not stated in the special case.
The plaintiff had judgment.
Judgments have been given for the plaintiffs upon a quantum meruit, before 2 Geo. II., c. 19; Vide, 3 Mo., 73.
See Hayes v. Acre, 1 N.C. 247.
Cited: Sessoms v. Tayloe, 148 N.C. 373. *Page 389