The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1897-04-03
RACE TRACK MUDDLE.
Injunction Case in Which the ElktOn
Race Track Figures.

Race Track Figures.
A very interesting case came up before
Chief Judge Russum in the Circuit Court on
yesterday friday morning involving the
operation Of races on the grounds of the
Cecil County Agricultural Society at Elkton.
Arguments were heard in the case of Gustavus
A. Muller and Charles H. Bower by their
attorneys w. T. Warburton and Albert Con-
stable who sue the Cecil County Agricultural
Society, that by an agreement between it and
Andrew +. Burns, dated April II, 1896, it was
agreed that Burns should have exclusive
privilege of making books and selling pools
on the races at its fair at Elkton on Septem-
$500. On July II 1896, Burns assigned all his
interest in said agreement to Muller and
Bower. On September 8, 1896, they rendered
the agricultural association the sum of $500
which it refused to accept and gave notice to
them MULLER and Bower) that il would not
allow them to make books and sell pools on
the races at the fair. The associltio allowed
other parties to make the books to the exclu-
sion of Muller and Bower for which they
claim $4,000 damages. They also claim
that by an agreement between the association
and Andrew T. Burns, dated April IA, 1896 it
was agreed that he have an option to use the
fair grounds and buildings for II period of 26
days in the spring of 1897 at rental value
of $4,000. provided said option to expire on
the lat day of April, 1897.
On July II, 1896. Burns assigned all his
interest in the agreement to Muller and
Bower. At the time of entering into said
agreement Burns deposited $500 with the
Association as guarantee las per agreement
On March Is. 1897. Muller and Bowers ten
dered the Agricultural Association $4,000, and
demanded that they be permitted to use the
grounds for period of 26 consecutive week
days in the spring Of 1897 between April l.
and July LIST. The Association refused to
grant them the use of the grounds and stated
that they Cthe Assocation) had since April
IA, 1896, leased the said privileges to other
parties for the said period.
Muller and Bower now ask the court
that a writ of injunction be issued restrain
ing and strictly enjoining the Agricultural
Association from occupying or using, either
directly or indirectly the grounds during the
period from April l to July 1st, named until
they, Muller and Bower, had first occupied
and held races on the track for &c days this
spring.
Muller and Bower on March 9th last.
swore to the truthfuIness of the above state
ment respecting their dealings with Burns
and the Cecil County Agricultural Society.
On May 16, 1896, Andrew T. Burns. Gus
tavus A. Muller, and Chas. H. Bower entered
into an agreement that the lease be assigned to
the three named, who agreed to partnership
in which each OF the said parties had one
third interest and that neither party had the
right to assign his interest in said lease as
partnership. John S. Writ was witness.
However, on July II, 1896, Burns assigned
the lease to Muller and Bower, absolutely
relinquishing all his interest therein.
G. G. Crothers is attorney for the Cecil
County Agricultural Society in this case. In
the deal between Muller and Bower, as
partners with Burns. the former gave Burns
a check for $4,000 in consideration of which
Burns signed his agreement with them. The
NhNNh h"9 h't pun Nh'h Iy DuIuS,
they having stopped payment upon it.
Further the Association claims that after the
making of the agreement between Burns,
Muller and Bower they approached Muller
and Bower in regard to their assuming the
control of the grounds, and that they could
not receive any satisfaction from them as to
whether or not they would make satisfactory
settlement with Burns and the association to
allow of their operating the track according
to the agreement, and the matter dragged
along for months and months. As Muller and
Bower failed to net promptly and business
like in the transaction, the Association to
protect itself concluded not to recognize the
transferral between the parties named which
was in violation of an agreement made be-
tween the three principles Burns, Muller and
Bower. and determined, (the Association) to
lease the grounds to such parties as would
act promptly and satisfactory with them.
Accordingly the Association leased the use
of the grounds this spring during the period
between April l, and July /, to other parties
than Muller and Bower
Judge Russum granted the writ of injunc-
tion asked by the plaintiffs Muller and Bower.
whereupon Mr.. Crothers, council for the
Agricultural Association moved that the
Injunction be dissolved. This motion will be
SUMS decision will settle the question
not and very probably whether or not there
will be racing on the Elkton Fair Grounds
this spring.