
    BURR against SHARP.
    OX CEETIOEAEI.
    Tort and contract may not be joined in one suit
    The action below, is an action on the case, brought by Sharp against Burr. The state of demand makes Burr, Hr.
    
      
      
    
    There was a verdict and judgment for $40, in [278] favor of the plaintiff below. It was objected to this judgment, the insufficiency of the state of demand on which it was founded ; that it was part in contract, and part in tort; that the demand was partly in waste, partly iu trespass, partly in case, and partly in debt; that the item in respect to costs, and attending a suit, was [*] uncertain, but as far as any thing could be made of it, it did not furnish the ground work of an action.
    
      Tucker, att'y for plaintiff.
    
      
      
        Coxe, 176, ante, 54, 137; post, 620, 1041. 1 Chit. P. 180-1, 197-8.
      
    
   The Court,

being of opinion, that the action could not be supported on this state of demand.

Reversed the judgment.

Cited in Van Riper v. Van Riper, 1 South. 766.  