This section contains the nature of the case and procedural background.

The Chicago Coliseum Club (P) made a contract with Dempsey (D) to promote a fight between Harry Wills and D. P agreed to pay D $10 on signing, $300,000 on August 5, 1926, $500,000 more at least 10 days before the contest, 50% of any net profits over the sum of $2,000,000, and 50% of the net revenue derived from motion picture concessions or royalties. D also agreed not to engage in any boxing matches after and prior to the date of this match. P also entered into an agreement with Wills to deposit $50,000 in escrow ten days before the fight date. When it came time to get insurance as required under the contract, D contended that there was no agreement and that he was scheduled to fight Tunney. P filed a bill to have D restrained from fighting Tunney. The court found that the contract was valid and enjoined D from fighting Tunney. P then wanted to claim damages against D for his breach.

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