The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1926-09-23
100000 AWAIT FIGHT
IN PHIL ADELPH|A
Continued from First Page.)

were not parties to tile suit between
plaintiff and Dempsey in Indiana,
the decision of the judges said
''From the proof submitted, the al
legged contract between plaintiff
and Dempsey was vague and VI.
certain, instead of clear and specific.
No Proof Offered
mo proof was offered by plaintiff
that it was prepared to carry out
the contemplated exhibition is so
far as the said Wills was con-
cerned: nor did the plaintiff estab.
lish, by sufficient proof, it had COM
piled with the terms Of it's alleged
contract by the payment of $780,
900 to Dempsey, and It seeks to re-
strain a breach of a conjectural,
rather than a proven contract.
''In such a case, equity viii not
issue an injunction. Ordinarily. the
test of the Jurisdiction Of equity to
grant such an injunction is the
inadequacy of the legal remedy for
damages. When there is an ade.
quate remedy at law for the breach
OF a contract, court Of equity will
not lend its aid to restrain breach
thereof.
''The plaintiff, by instituting suits
lot manages 4OE TIC DESdCA 01 Tic
alleged contract, is persuasive that
it has an adequate remedy at law.
1.-The prayer for the preliminary
Injunction against the defendant,
Rickard, iS therefore refused. We
can make no disposition Of the BIZ!
as to the defendant, Dempsey and
Tunney, as they are not before the
court"
Last Obstacle Removed
Thus the last obstacle in the
way of holding the greatest sport
ing spectacle in history was re-
moved. Some 10000 agitated
fight fans who will pay close to
$2,000,000 to see the bout can
now go to the arena this evening
with the assurance that the fight
will be staged, weather permit
ting.
The weather was a big factor,
however. 1t had drizzled a little
during the morning and the out
look was threatening.
It will be a sports spectacle with.
out precedent. The throng packed
into the vast horseshoe of concrete,
will be the biggest gathering that
ever witnessed a sports, event any
where in the world. It will be a
cosmopolitan crowd millionaires
and hardy toilers, Cabinet mem
bers and ward politicians, high
brows and low-brows, reformers and
bootleggers, society women, railroad
presidents, burglars, judges and
just plain dyedin-the-wool fight
fans.
Some Of those who are here or
who are scheduled to come are Vice
President Charles G. Dawes, John
S, Fisher, Republican candidate for
governor of Pennsylvania; Secretary
of the Treasury Andrew w. Mellon,
Secretary of War Dwight w. Davis,
Governor Clifford Pinchot, Of Penn
syIvania; Secretary Of the Navy
CT tbs D. Wilbur, Governor Len
Small, of Illinois; Governor Richie,
of Maryland; Nicholas Longworth,
Speaker Of the House of Repre-
sentatives. and Mrs. LOngwOr'n
Charles NJ. Schawb. Otto H. Kahn,
James A. Stillman, Dudley Field
Malone, Barney Oldfield, Florenz
Ziegfeld and William S. Hart.
Today special trains and coaches
roared into Philadelphia one after
-
humanity. Many of the specials
were from far Western points
Denver, Chicago. San Francisco
Kansas City and other Western
points. Trains will continue arriv'
ing with fans until well after
o'clock this afternoon, when the
gates Of the Exposition Grounds
will be thrown open.
The main fight is scheduled to
start about $50 p. M, daylight
saving time. or $50 p. m. Wash
ington time. Dempsey and Tunney
will be in the ring 80 minutes,
most, before the right hand Of one
of them will be raised by the
referee and acclaimed the winner
The battle may require consider
able less time; in fact, the general
belief is that it will be short
and sweet.
Win. lose or draw, Dempse!
probably will receive about $500, 900
Rickard told International New
Service. Dempsey's arrangement
calls for a guarantee and a pei
centage of the receipts over 800
900. Tunney's share. victory o
defeat, will be 100000.
Odds Favor Dempsey.
Betting odds here today wer
generally 2 TO / that the champion
would retain his title. Some wer
offering as high as to 1. Their
was not a great deal of Tunne,
money in sight. Jack Kearns. for
mer manager of Dempsey. who
Aow using every means to ammo