Marrone v. Washington Jockey Club of the District of Columbia case brief

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-Once the license rescinded, P became a mere trespasser.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.