Can a wager, in writing, be enforced as a private agreement/conract?

[quick13]

I entered into an agreement with a co-worker three years ago that stipulated if an NHL team returned to Minnesota prior to the 2003-2004 season the co-worker would pay for one season ticket for the first season of the team.

After attempting to reach the person with whom I made the agreement to obtain settlement I was greeted with hostility. Despite his claim of harassment for leaving phone messages asking for payment, he did say that he would fulfil his end of the agreement; he would pay for the ticket.

Under the assumption that he would pay the cost of one ticket (with a stipulated value)I reserved tickets valued much higher than what I would personally be able to afford and have entered into that binding contract with that assumption. He has still not completed his obligation.

I have filed a claim in conciliation court hoping that the judge will see it my way that the agreement can be construed as a contractual agreement and therefore he is legally required to submit payment.

Where can I find any case law that may support my argument?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by quick13:
I entered into an agreement with a co-worker three years ago that stipulated if an NHL team returned to Minnesota prior to the 2003-2004 season the co-worker would pay for one season ticket for the first season of the team.

After attempting to reach the person with whom I made the agreement to obtain settlement I was greeted with hostility. Despite his claim of harassment for leaving phone messages asking for payment, he did say that he would fulfil his end of the agreement; he would pay for the ticket.

Under the assumption that he would pay the cost of one ticket (with a stipulated value)I reserved tickets valued much higher than what I would personally be able to afford and have entered into that binding contract with that assumption. He has still not completed his obligation.

I have filed a claim in conciliation court hoping that the judge will see it my way that the agreement can be construed as a contractual agreement and therefore he is legally required to submit payment.

Where can I find any case law that may support my argument?<HR></BLOCKQUOTE>

Your agreement may be construed as a friendly bet which may fall under State gambling and gaming laws. If your State does not allow bets of this nature then your position is unenforceable. Ex. if you made the bet in Las Vegas, Nevada which allows gambling as opposed to Honolulu, Hawaii which prohibits same. A contract can be verbal but if your co-worker claims that it was not a real wager but just done in fun, you may be out of the game.

 

[Tracey]

The underlying contract may be unenforceable, but you may be able to argue that the agreement to pay for the ticket was an affirmation of a debt & is separately actionable. In that case, you'd get the $$ even if the bet was illegal. Your other argument is promissory estoppel: you reasonably relied on his statement that he'd pay for 1 ticket, he's renegged, and you've been damaged. Your biggest obstacle is to prove that it was reasonable to believe he'd pay even thought he bet was unenforceable.

Go to the local law library or law school and look up contract law regarding gambling debts, contract affirmance, and promissory estoppel. If you're close enough to a law school, go talk to the contracts professor. You'll have to convince her that you're not seeking legal advice & aren't going to say you're a client, but merely want information. wink wink, nudge nudge. She can probably answer the MN law questions in 5 minutes & point you to the cases you should read and xerox to take to court with you.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[JETX]

Don't get 'boggled up' in case law yet. You have several other hurdles to consider first.

Was this 'agreement' in writing? What does it say regarding payment or breach? Also, what does it say about YOUR obligation if a team didn't move to MN (a contract requires mutual consideration).

I agree generally with the others, that gambling debts MAY not be enforceable in MN, but you might be able to claim that this was not a 'game of chance', but a 'game of skill'. An example would be... you read in the paper or sports magazine that 'Joe Blow' was going to purchase a team and move it to MN. Based upon this knowledge, you entered into an contract regarding ticket purchases. This could show that this was not gambling, but just using your knowledge.

Also, you might send the former 'co-worker' a certified letter detailing the original agreement and what you expect him to do. Give him a reasonable time to arrange to complete his part of the contract (15 days?). Don't threaten him or call him. Treat this situation professionally as you would any other contract or agreement. Depending on his response to your letter, your best option would be for him to affirm the contract. Worst, you can show (the courts?) that you made every effort to resolve this issue without litigation.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

 

[quick13]

Originally posted by Halket:

Was this 'agreement' in writing? What does it say regarding payment or breach? Also, what does it say about YOUR obligation if a team didn't move to MN (a contract requires mutual consideration).

THe agreement is in writing. It also states my obligation for goods and/or services of the co-worker's choice of equal value to the tickets ($3K) should the team not play by 2003.

I did have previous knowledge of the negotiations to obtain a franchise in Minnesota and had full confidence that the agreement would be made, the coworker had no such expectation. THat is the "Skill" I guess.

Initially I made a phone call to obtain his contact info from our former boss. That boss assured me that the coworker would pay. I then contacted the coworker to which I recieved no response. I then visited his office at which time he told me he "would not welch on a bet." I then faxed my request at least three times, once attaching my invoice for the tickets. No response.

So it looks as though I have three legal angles to use in my conciliation court case. THe friendly bet, the contractual obligation , an the debt confirmation.

Now I have to try and find at least one case to help me. Thanks for all the help!!!