Guida v. Underwriters at Lloyd's

MEMORANDUM OF DECISION

McGLYNN, District Judge.

On August 17, 1978, the plaintiff, Louis Guida, entered into an agreement with the defendant Barry Epstein (“Epstein”), Cynthia, Irving and Joanne Epstein to purchase a 25% interest 1 in a Standardbred horse named Sonsam, a proven winner as a pacer at the track. Because it was the intention of the parties to this agreement 2 that Sonsam would eventually stand at stud, they made the agreement “conditioned upon SONSAM satisfactorily passing a comprehensive stallion fertility test to be conducted .. . under the supervision of a panel of veterinarians…