Szadolci

We affirm the summary judgment granted in favor of defendants.

Background

James Farenbaugh went to Hollywood Park on June 14, 1989, and put down $4,860 on a “Pick-9” ticket. A Pick-9 requires the bettor to pick the winners of the nine races run that day. Picking all nine winners results in a large return.

But Farenbaugh had something else in mind. He cancelled the ticket and bribed the pari-mutuel clerk to let him keep the worthless ticket. Farenbaugh then set out to sell shares in the ticket to other patrons at the track. The record does not reveal whether this was an ongoing scam by Farenbaugh. In any event, since the chance of hitting a big winner is remote, any shares sold would result in clear profit to Farenbaugh, who, having cancelled the ticket, had none of his own money at risk.

Plaintiffs Jim Szadolci and Daniel Teich bought into the ticket before the first race started. Each paid approximately $240 for a 5 percent share. Teich left the track shortly thereafter. Plaintiff Mardy Loewy apparently bought in for 5 percent after the day’s racing program had commenced. The record is not clear at what point Loewy invested (he said probably after the second or third…