The Ohio Court of Appeals has upheld a lower court's decision favoring The Memorial Tournament in a dispute with Empire Sports & Entertainment, Inc. The ruling, issued on October 27, 2026, confirms that Empire's claims regarding an alleged oral contract for ticket sales are barred by the statute of frauds. This decision impacts Empire, a ticket reseller, and highlights the legal complexities surrounding oral agreements in business.

Empire Sports & Entertainment, based in Ohio, filed an appeal after the Franklin County Court of Common Pleas granted summary judgment to The Memorial Tournament. The court found that Empire's claims lacked sufficient legal grounding, particularly regarding the enforceability of an oral contract that Empire asserted allowed it to purchase tickets in perpetuity.

Background

Empire Sports & Entertainment, Inc. is a company that resells tickets and provides sports hospitality packages for live events. The Memorial Tournament is an annual professional golf event held at the Muirfield Village Golf Club in Dublin, Ohio. Empire began purchasing bundled tickets from Memorial around 2013, unbundling them for resale to the public.

In 2016, Empire received additional tickets from Memorial due to an error, which they agreed to return. Following this incident, Empire claimed that Memorial's Director of Sales and Marketing verbally agreed to allow Empire to purchase tickets in a bundled format indefinitely. However, in 2023, Memorial announced a change in its ticket sales policy, stating it would no longer sell tickets to ticket brokers like Empire, leading to the dispute.

The Ruling

The Ohio Court of Appeals, led by Judge Boggs, reviewed the case and affirmed the lower court's ruling. The court found that while Empire had established standing by alleging an injury, the statute of frauds barred its claims. The statute of frauds requires certain contracts to be in writing if they cannot be performed within one year.

The court ruled, "the alleged contract would allow Empire to purchase tickets from Memorial in 'perpetuity.'" This indicates that the terms of the agreement were intended to extend indefinitely, making it unenforceable under the statute of frauds.

The court also noted that Empire's arguments regarding contingencies did not change the nature of the agreement, which was deemed incapable of being fully performed within a year. The ruling emphasized that the intent of the parties, as expressed in the alleged agreement, was for it to continue indefinitely.

Impact

This ruling has significant implications for Empire Sports & Entertainment, as it effectively bars the company from seeking damages or enforcing the alleged oral contract with The Memorial Tournament. The decision underscores the importance of written agreements in business transactions, particularly when the terms involve long-term commitments.

Furthermore, the case serves as a reminder to businesses about the necessity of formalizing agreements to avoid disputes over enforceability. The ruling may also influence how other companies approach oral contracts and the risks associated with them.

What's Next

Empire Sports & Entertainment has the option to appeal the ruling to the Ohio Supreme Court. However, details regarding any potential appeal or related cases were not available in the court filing.