Chicago Coliseum Club v. Dempsey

Facts

Plaintiff intended to hold a boxing match for the title of Champion Heavy Weight Boxer between Harry Wills and Dempsey. On March 6, 1926, plaintiff entered into an agreement with Harry Wills to participate in the match (“Wills contract”). Under the Wills contract, plaintiff agreed to deposit $50,000 in escrow to be paid to Wills prior to the match, although there was no evidence such payment was made. On March 8, 1926, plaintiff entered into a contract with an Andrew Weisberg to promote the match. On March 13, 1926, the contract with Dempsey was executed (although the contract bore the date of March 6th). Under the terms of the agreement, Dempsey agreed to have his life and health insured in plaintiff’s favor and to not participate in any other boxing matches prior to the contest.

On July 10, 1926, plaintiff telegraphed Dempsey stating that an insurance representative would be arriving in order to examine Dempsey and requesting Dempsey begin training for the contest no later than August 1st. Dempsey responded that he was too busy training for another match and there was no contract with plaintiff.