McLeod Store v. Vinson, By, Etc.

Opinion of the Court by

Judge McCandless

Reversing.

The appellant owns and conducts a large department store in Madisonville, a city of seven or eight thousand people. On the 13th of April, 1923, it inserted in an afternoon paper published in that city an elaborate advertisement announcing a guinea race to take place in front of its store on the following Saturday morning at ten o’clock. It was explained that the guineas were to be caught without being injured; that each one would be tagged and numbered and that the successful participants were severally to receive the fowl and a prize ranging…