The Humber Ferryman's caseBukton v Tounesende or The Humber Ferryman's case B&M 358 is an English contract law case.FactsNicholas Tounesende of Helle undertook to ferry John Bukton's horse across the Humber estuary. Tounesende overloaded the boat with horses and Bukton’s horse fell overboard. Bukton sued in tort, for trespass. There was no sealed document, and under previous law it had been required to sue for breach of a covenant. So Tounesende argued that the action should be brought in covenant. The [Court of Court of King's Bench (England)|King's Bench (England)|King's Bench] had travelled away from Westminster and had arrived in York.JudgmentThe King's Bench held the action could rightly be brought in tort. The claim was against the killing of the horse, and not merely the failure to transport it. Accordingly no documentary proof of a covenant was needed.