there was no disqualification. sericx continued to perform the terms of the contract with no reference to disqualification, effectively waiving any cause of action he might have had regarding breach. upon losing, he raised the issue of disqualification which had been immaterial for 30 minutes. this counterclaim fails 10 times out of 10.
if anything, the fact that he raised this issue after his death provides further evidence that he knew sloan still believed the competition to be in effect. his failure to attempt to collect his winnings after the supposed disqualification occurred further undermines his position
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