Hankins v. Ottinger

Citations

• 115 Cal. 454
• 47 P. 254
• 1896 Cal. LEXIS 1032

Syllabus

<p>Contracts—Public Policy—Horseracing—Wager—Purse Offered by Trotting Association.—A contract for a direct bet or wager between persons engaged in horseracing is illegal and void, as being against good morals and sound public policy; but a purse offered by a trotting association to the winner of a horserace, by way of premium or reward, does not come within the rule against bets or wagers; nor is competing for such premium or offering, whatever may be its designation, competing for a bet or wager, and the contract to pay the same may be enforced.</p> <p>Id.—Addition of Entrance Money to Purse.—The fact that the association added to the purse the amount of the entrance money, paid by each of the competitors for the privilege of entering in the race, to be divided between the owners of the first, second, and third horses in the race, does not tend to impart to the transaction the character of a wager between the competitors.</p> <p>Id.—Partnership between Competitors—Contract to Pool Premiums. A contract between the owners of competing racehorses entered in , stake races, to be given as premiums by two associations, to the effect that they will pool all premiums and stake moneys offered by the associations, which should be awarded to either or any of their horses, and divide the same equally between such owners, constitutes a partnership in the transaction between the contracting parties; and the contract is a valid one, which may be enforced.</p>