Legal Definitions - concessit solvere

Concessit solvere is a historical legal term, originating from Latin, which translates to "he agreed to pay." It referred to a specific type of legal action used in the past to recover a debt based on a simple, often informal, agreement.

In a lawsuit brought under concessit solvere, the person initiating the claim (the plaintiff) alleged that the other party (the defendant) had made a clear promise or agreement to pay a certain sum of money but had subsequently failed to fulfill that promise. It was a fundamental way to enforce basic commitments of payment that were not necessarily formalized in complex written contracts.

• Example 1: Informal Loan Between Acquaintances

  Imagine a scenario where, in the 18th century, a shopkeeper named Mr. Henderson lent his neighbor, Mrs. Davies, five shillings to buy flour, with Mrs. Davies verbally promising to repay him the following week. When Mrs. Davies failed to repay the loan as agreed, Mr. Henderson could have historically brought a concessit solvere action. He would allege that Mrs. Davies "agreed to pay" the five shillings but had not done so, seeking the court's intervention to compel payment based on their simple, unwritten agreement.

• Example 2: Payment for Goods Delivered

  Consider a farmer who delivered a cartload of fresh vegetables to a local inn. The innkeeper, upon receiving the produce, verbally agreed to pay the farmer a set price of two pounds at the end of the month. If the innkeeper then refused to pay when the month concluded, the farmer could have historically initiated a concessit solvere claim. The farmer's argument would be that the innkeeper "agreed to pay" for the delivered goods but defaulted on this straightforward promise.

• Example 3: Compensation for Services Rendered

  Suppose a local carpenter was hired by a landowner to repair a fence. There was no formal written contract, but the landowner verbally agreed to pay the carpenter ten shillings upon completion of the work. After the carpenter finished the repairs to satisfaction, the landowner refused to pay. In such a situation, the carpenter could have historically pursued a concessit solvere action, asserting that the landowner "agreed to pay" for the carpentry services but failed to honor that commitment.