The first game of night baseball was played in 1935, and since then, every team except the Chicago Cubs began playing night games. Most major league games were night games, except those played on weekends. The Cubs did not play night games. As a result, the Cubs sold fewer tickets and were less profitable than any other major league team. Philip Wrigley (defendant), the President of the Chicago National League Ball Club (defendant), which owned the Cubs, was opposed to playing night games, claiming that night games would be damaging to the neighborhood in which the Cubs played. Shlensky (plaintiff) filed a suit claiming that it would be financially practicable for the Cubs’ stadium to install lights and begin playing night games, and would be very profitable in the long run. Shlensky alleged that the only reason the Cubs did not play night games is because Wrigley felt it was somehow against the spirit of baseball. The trial court dismissed the action, and Shlensky appealed.