Davis v. Gerber

Davis sued Gerber in assumpsit, and declared upon the common counts. The following is his claim in writing, as filed under his declaration:

“August 7, 1886. To one-half of the purchase price received by the defendant on the sale of the following described land in Grand Traverse county, Michigan, to R. Andrew Fleming, of Muskegon, namely [being about 1,300 acres], for the sum of $5,950, less the, sum of $3,500 paid A. E. Garse for said lands, viz.:

Amount received__________________________________$5,950.0(T>

Amount paid...................................... 2,500.00'

$3,450.00»

“One-half of same is…