Weisbrod v. Fremont Hotel, Inc.

OPINION

This is an action brought to enforce a gambling obligation. Judgment was rendered in favor of the defendant below, dismissing the action for failure of the complaint to state a claim upon which relief could be granted. This appeal is taken by the plaintiff from that judgment.

Plaintiff alleges that on May 23, 1956 he was a patron of the gambling establishment operated by defendant; that he purchased a $3.50 ticket on defendant’s keno game; that following the game it was disclosed by the drawing that he held a winning ticket entitling him to the sum of $12,500; that defendant has refused…