Wager

A wager is a contract by which two or more parties agree that a certain sum of money or other thing shall be paid or de-llvered to one of them on the happening of an uncortain event or upon the ascertainment of a fact which is in dispute between them. Trust Co. v. Goodrich, 75 III. 560; Jordan v. Kent, 44 How. Prae. (N. Y.) 207; Winward v. Lincoln, 23 R. I. 476, 51 Atl. 106, 64 In R. A. 160; Edson v. Pawlet, 22 Vt 293; Woodcock v. McQueen, 11 Ind. 15. A contract In which the parties stipulate that they snail gain or lose upon the happening of an uncertain event in which they have no interest, except that arising from the possibility of such gain or loss. Fareira v. Gab-ell, 89 Pa. 90; Kitchen v. Loudenback, 48 Ohio St 177, 26 N. E. 979, 29 Am. St Rep. 540. See, also, Bet.

— Wager of battel. The trial by wager of battel' was a species of trial introduced into England, among other Norman customs, by William the Conqueror, in which the person aceused fought with his accuser, under the apprehension that Heaven would give the victory to him who was in the right. 3 Bl. Comm. 337. It was abolished by St. 59 Geo. III. c. 46.

— Wager of law. In old practice. The giving of gage or sureties by a defendant in an action of debt that at a certain day assigned he would make his law; that is, would take an oath in open court that he did not owe the debt, and at the same time bring with him eleven neighbors, (called "compurgators,") who should avow upon their oaths that they believed in their consciences that he said the truth. Glanv. lib. 1, c. 9, 12; Bract, fol. 156b; Britt, c. 27 ; 2 Bl. Comm. 343 ; Cro. Eliz. 818.

— Wager policy. See Policy of Insurance.

— Wageriug contract. One in which the parties stipulate that they shall gain or lose, upon the happehing of an uncertain event, in which they have no interest except that arising from the possibility of such gain or loss. Fareira v. Gabell, 89 Pa. 89.