Ross v. McLean

MARTIN, Chief Justice.

Samuel Ross sued Edward B. McLean in the lower court, alleging that he had sold and delivered to the latter a certain race horse, named the Porter, at an agreed price of $15,000 in cash, then paid, and a contingent one-third interest in all sums thereafter earned by the horse; that the horse afterwards earned various sums, the one-third of which amounted to $22,692.69; that the defendant had failed and refused to pay any part of this sum to plaintiff, although often requested so to do; wherefore he prayed judgment.

The defendant, upon the other hand, alleged that he had-…