Marrone v. Washington Jockey Club, 227 U.S. 633 (1913)

Marrone v. Washington Jockey Club

No. 59

Argued February 28, 1913
Decided March 10, 1913
227 U.S. 633

ERROR TO THE COURT OF APPEALS

OF THE DISTRICT OF COLUMBIA

Syllabus

The rule commonly accepted in this country from the English cases is that a ticket to a place of entertainment for a specified period does not create a right in rem.

A contract binds the person of the maker, but does not create an interest in the property it concerns unless it also operates as a conveyance; a ticket of admission cannot have such effect, as it is not under seal and by common understanding it does not purport to have that effect.

Specific performance of rights claimed under a mere ticket of admission to property cannot be enforced by self-help; the holder refused admission must sue for the breach.

While there might be an irrevocable right of entry under a contract incidental to a right of property in land or in goods thereon, where the contract stands by itself, it must be a conveyance or a mere revocable license.

35 App.D.C. 82 affirmed.

The facts, which involve the rights of the purchaser of a ticket to a racetrack, and liability for his ejection therefrom, are stated in the opinion.