Horsemen's Benevolent & Protective Ass'n v. Valley Racing Ass'n

In August 1987, respondent Horsemen’s Benevolent & Protective Association (HBPA) filed a complaint for damages arising from breach of a written purse agreement. Thereafter, appellant Valley Racing Association (VRA), a partnership, filed a cross-complaint for breach of contract, interference with business advantage, defamation and open account stated.

After jury trial, a special verdict was rendered by the jury concluding that VRA had breached the purse agreement with HBPA. Judgment was entered on the verdict for HBPA in the sum of $188,960 with interest of $67,710, a total of $256,670. VRA appeals from the judgment.

Statement of Facts

This litigation stems from a written purse agreement between HBPA and VRA concerning the 1986 mixed breed spring horse racing meet in Fresno. In 1986, HBPA was a national corporation, incorporated in Kentucky and authorized to conduct business in California. VRA was a partnership which conducted mixed breed horse racing at the Fresno Fair Grounds from 1981 through 1986. The individual defendants (Sawtelle, A1 Foote, Valov, Yurosek, Wilkinson and McCarthy) were the partners in VRA.

Wagering at the 1986 mixed breed meet was pursuant to the…