COUNIHAN, J.
This is an action of contract brought under the gaming statute, G.L. (Ter. Ed.) c. 137, §§ 1, 2, in which the plaintiff seeks to recover the sum of $200 lost by him in a bet on a horse race in a building of the defendant. In its answer the defendant set up that it conducted the race under the pari-mutuel or certificate system of wagering by virtue of a license from the State racing commission, hereinafter called the commission, issued to it...
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