Suit Against Chicago Owner Fails, Daily Racing Form, 1908-02-26


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SUIT AGAINST CHICAGO OWNER FAILS. Cincinnati. O., February 25.— Judge Harbeson of the Circuit Court here yesterday rendered a decision in the case of J. C. Ferriss, Jr. vs. Mitchell by dismissing the | etition of the complainant Ferriss. The suit arose over the sale of the steeplechaser Class Leader, which John G. Mitchell of Chicago purchased from John C. Ferriss, Jr. at Fort Erie in August. 1904. Mitchell sent jockey Peters to Fort Erie, ujion receiving word that the horse was for sale for 00, with a certified check for that amount, but when that was offered to Ferriss for the horse he asked $.MH. which Peters agreed to pay by giving the check and 00 out of the first purse the horse should win. Ferriss shortly afterward sued Mitchell for the remainder of the purchase price, setting up the agreement made with Peters and the fact that the horse had won a race. Mitchell disclaimed any knowledge of the agreement made hy Peters and said Peters in doing so exceeded his authority. Judge HarlK*on took this view of the matter and dismissed tbe case.

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