Marrone v. Washington Jockey Club of the District of Columbia
22 Ill.227 U.S. 633, 33 S. Ct. 401, 57 L. Ed. 679 (1913)
FACTS
-Action of trespass: P bought a ticket to enter defendant's race track on two occasions, and the defendant track prevented him from entering after P dropped his ticket in the box.
-There was also asserted a count of conspiracy, that D tried to destroy P’s reputation, and excluded him on the charge of doping his horse entered into the race by P a few days before. (No evidence of conspiracy introduced).
RULES
-Such tickets do not create a right in rem (binds all the world).
-A contract binds the person of the maker, but does not create an interest in the property that it may concern, unless it operates as a conveyance.
(not a conveyance of interest in the race track)
holder had no right to self help.
HOLDING-The court held that a ticket for admission onto another's property does not create a
property right in the ticket holder. Instead, the only right of the holder is
in contract.
NOTES
-License = revocable, and could be revoked at any time for any reason.
-Once the license rescinded, P became a mere trespasser.
-The plaintiff should have sought a remedy under breach of contract theory.
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