Whitley v. Wilson

Wilson, the plaintiff, obtained a verdict against Whitley in a suit brought in two counts. The first count set out a contract pursuant to which Wilson completed work and furnished materials for the plumbing in 35 houses that Whitley was building for another party. Whitley agreed to see that Wilson lost no money and received a fair profit, but paid him $8,400 and owed Wilson $2,734 to cover Wilson’s costs plus 12% thereof as a reasonable profit. The second count alleged an implied contract to pay the same amount, resulting from Whitley’s acceptance of the work and materials.

Whitley denied the…