Crump v. Sabath

Opinion op the Court by

Creal, Commissioner

Ruth Crump instituted this action against Albert Sabath and B. S. Mitchell, alleging in substance that in December, 1933, she, through her husband and agent, William Crump, entered into an oral contract with Albert Sabath, through his agent, B. S. Mitchell, who was acting within the scope of his employment, whereby defendant Sabath was to race a horse known as Rigo belonging to plaintiff and that defendant was to_ receive 60 and plaintiff 40 per cent, of the horse’s winnings; that pursuant to this agreement, the horse was taken by defendant's to New…