From or out of a contract. In both the civil and the common law, rights and causes of action are divided into tWo classes,—those arising er contractu, (from a contract,) and those arising ez delicto, (from a delict or tort.) See 3 Bl. Comm. 117; Mackeld. Rom. Law, § 884. See Scharf v. People, 134 Ill. 240, 24 N. E. 761.