REQUEST (Lat. requiro, to ask for).
In Contracts. A notice of a desire on the part of the person making it, that the other party shall do something in relation to a con tract. Generally, when a debt is payable immediately, no request need be made. 10 Mass. 230 ; 3 Day, Conn. 327 ; 1 Johns. Cas. N. Y. 319.
In some cases, the necessity of a request is implied from the nature of the transaction: as, where a horse is sold to A, to be paid for on delivery, A must show a request, 5 Term, 409 ; 1 East, 209, or impossibility on the part of the vendor to comply, if requested, 10 East, 359; 5 Barnew. & Ad. 712, previous to bring ing an action, or on a promise to marry. 2 Dowl. & R. 55. See DEMAND. And if the contract in terms provides for a request, it must be made. 1 Johns. Cas. N. Y. 327. It should be in writing, and state distinctly what is required to be done. 1 Chitty, Pract. 497.
In Pleading. The statement in the plain tiff's declaration that a demand or request has been made by the plaintiff of the defend ant to do some a,ct which he was bound to perform, and for which the action is brought.
A general request is that stated in the form " although often requested so to do" (licet scepe, requisitus), generally added in the common breach to the money counts. Its omission will not vitiate the declaration. 2 H. Blackst. 131; 1 Wils. 33 ; 1 Bos. & P. 59; 1 Johns. Cas. N. Y. 100.
A special request is one provided for by the contract, expressly or implieitly. Such a re quest must be averred, 5 Term, 409 ; 1 East, 204 ; 3 Bulstr. 297 ; 3 Carnpb. 549 ; 2 Barnew. & C.685, and proved. 1 Saund. 32, n.2. It must state time and place of making, and by whom it was made, that the court may judge of its sufficiency. 1 Strange, 89. See Comyns, Dig. Pleader (C 69, 70); 1 Saund. 33, ..; 2 Ventr. 75 ; DEMAND.