Atkins, Kroll (Guam), Ltd. v. Julio R. Cabrera

Julio R. Cabrera, winner of a raffle conducted on the Island of Guam, was unable to obtain delivery of the new automobile which had been offered as the prize. He therefore brought this action to recover damages in the sum of $3,500 alleged to be the reasonable market value of the automobile. Named as defendants were Atkins, Kroll (Guam), Ltd., The American Legion, Ernie Pyle Post No. 37 (American Legion), and forty-four named individuals.

Three claims are stated in the second amended complaint. The first claim is directed against The American Legion and Ernie Pyle Post No. 37 (American Legion). The gist of this claim is that those two defendants had conducted a lottery but had refused to deliver the prize, an automobile valued at $3,500, to plaintiff who had purchased the winning ticket. The second claim is identical with the first except that it is directed against all defendants except Atkins, Kroll and The American Legion.

The third claim is directed against Atkins, Kroll alone. It is therein alleged that plaintiff was induced to purchase his winning lottery ticket in reliance upon a public display of an automobile which Atkins, Kroll had contracted to sell to Ernie Pyle Post…