Another circumstance may not have been without its influence. It
would seem that, in the period when assumpsit [286] was just
growing into its full proportions, there was some little
inclination to identify consideration with the Roman causa, taken
in its broadest sense. The word "cause" was used for
consideration in the early years of Elizabeth, with reference to
a covenant to stand seized to uses. /1/ It was used in the same
sense in the action of assumpsit. /2/ In the last cited report,
although the principal case only laid down a doctrine that would
be followed to-day, there was also stated an anonymous case which
was interpreted to mean that an executed consideration furnished
upon request, but without any promise of any kind, would support
a subsequent promise to pay for it. /3/ Starting from this
authority and the word "cause," the conclusion was soon reached
that there was a great difference between a contract and an
assumpsit; and that, whereas in contracts "everything which is
requisite ought to concur and meet together, viz. the
consideration of the one side, and the sale or the promise on the
other side, ... to maintain an action upon an assumpsit, the same
is not requisite, for it is sufficient if there be a moving cause
or consideration precedent; for which cause or consideration the
promise was made.
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