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SUPREME COURT OP OREGON." Misneb v. Knapp and others. Filed
December 22, 1885. 1. Contract?Premium you Fastest Horse?Premium
Not Wager Or Bet. A premium offered for a horse that will trot a
mile in the best time, less than A designated speed, is not a bet
or wager, aud a promise to pay the same is not illegal. 2.
Pleading?Fraud. In charging fraud, the facts must be stated,
showing in what the fraud of the party consisted, and how it was
perpetrated. A. H. Tanner, for appellants. C. H. Carey, for
respondent. Lord, J. This is an action to recover a purse alleged
to have been offered by defendants to the owner of the horse that
should trot a mile in the best time, less than two minutes and
twenty-five seconds, at City View Park. The complaint alleges that
the defendants are associated under the name of the Northwestern
District Agricultural Association, and that in the year 1S83 they
offered a "special purse" or prize of $250 to the owner of the
horse that should trot a mile in the best time, less than two
minutes and twenty-five seconds, at the City View Park, in the said
county, on the thirtieth day of September, 1883; that the plaintiff
was the owner of a certain horse which was duly entered by him for
such race, in accordance with the conditions and rules of the
defendants' association; and that said horse did, in the manner and
time prescribed by the association, and under the directions of the
board of directors thereof, trot in said race a mile in less than
2:25 minutes, to-wit, in 2:24 minutes; that it was the best time
made in said race, and that the defendants failed and refused to
pay, etc. The defendants filed a demurrer to the complaint, upon
the ground of a want of facts to constitute a cause of action,
which was overruled; and this is the first...
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|Country of origin:
West Publishing Company
||246 x 189 x 25mm (L x W x T)
||Paperback - Trade
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