Burke v. Wilber

Wilber sued Burke and recovered judgment against him under the following circumstances, the only questions disputed on the trial being the amount of consideration, and the fact of an account stated.

• Wilber made a bargain with Burke for the sale to him of certain lands the title whereof was in John Phelps. Wilber’s statement, which the jury accepted as the truth, was in substance that Phelps held the title but Wilber had an interest of one-half in it after certain deductions were made for outlays, and that it was agreed between him and Burke that Wilber should have $1500 for his interest, —…