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Rombola v. Cosindas

220 N.E.2d 919 (1966)

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Rombola v. Cosindas

Massachusetts Supreme Judicial Court

220 N.E.2d 919 (1966)

Facts

Peter Cosindas (defendant) owned a race horse. Paul Rombola (plaintiff) was an experienced horse trainer and racer. In return for a share of the horse’s winnings, Rombola contracted to train, maintain, and race the horse in 31 races scheduled for the spring, summer, and fall of 1963. The horse did well in 25 spring and summer races, earning $12,000 for Cosindas and Rombola. However, without Rombola’s prior knowledge or approval, Cosindas took possession of the horse, thereby preventing its entry in the remaining six races scheduled for the fall. Rombola sued Cosindas to recover his share of what the horse could have won had it entered the six races. In his opening statement, Rombola said that he could estimate those lost winnings based on his expertise, the horse’s 1963 spring and summer winnings, and the horse’s similar track record in 1964. After hearing Rombola’s opening statement, the trial judge directed the jury’s verdict for Cosindas. Rombola appealed to the Massachusetts Supreme Judicial Court.

Rule of Law

Issue

Holding and Reasoning (Kirk, J.)

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