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Meyer v. Hawkinson

Supreme Court of North Dakota

626 N.W.2d 262 (2001)

Relevant factsFree

Clyde Meyer (plaintiff) and Donald Hawkinson (defendant) were vacationing together in Canada when Hawkinson bought one lottery ticket and Meyer bought three, and the two agreed to split any winnings. Hawkinson's ticket won $1.2 million, but he refused to share the proceeds with Meyer. Meyer sued in North Dakota to enforce their agreement. North Dakota law broadly prohibited buying, selling, or transferring a chance to win a lottery, regardless of where the lottery was held or whether it was legal there. The district court granted Hawkinson summary judgment, ruling the agreement unenforceable as a matter of public policy, and Meyer appealed.

IssueFree

Whether an agreement to share lottery winnings is void as against public policy when it is inconsistent with fair dealing, contrary to sound policy, and offensive to good morals.

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