St. Peter v. Pioneer Theatre Corporation

291 N.W. 164 (Iowa 1940)

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Nature of the Case

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Facts

D operates a theatre. A bank night drawing was conducted with the prize or purse advertised in the amount of $275. P and her husband were outside the theatre when an agent of D's manager, Parkinson, announced that P's name had been called. P's number was 6396, her husband's number 212. On that evening, Alice Kafer came outside and said to P: 'Hurry up Mrs. St. Peter, your name is called.' P immediately went into the theatre and made demand upon the manager, who refused to pay her the prize or purse, although P made demand therefor within the 3 minutes allowed by Ds. Apparently, it was the husband’s name that had been called. She said: 'He is right behind me,' turned around and motioned to him and said: 'It’s your name that was called.' As he started toward them, the lights went out, and in the darkness, they lost track of Parkinson. They sent an usher to look for him. When Parkinson came out and approached them, he said to plaintiff's husband: 'You are too late, just one second too late.' P sued D. The court ruled for D and P appealed.