Moore v. Johnston

The plaintiff and Solomon Johnson entered into a written agreement to run a horse race for two hundred dollars a side, and to forfeit one hundred dollars in case either should conclude not to run his horse at the time appointed.

On the day agreed upon, the horses were brought up, the stakes deposited into the hands of the defendant, and upon the word being given, the horse of the plaintiff started fairty, and ran the distance stated in the agreement, but the defendant’s horse reared up, threw himself across the track, and could not be forced through the starting posts. Under these…