MAUGHS V. PORTER
161 S.E. 242 (1931)
NATURE OF THE CASE: Maughs (P), auction winner, appealed a judgment, which sustained
Porter's (D) demurrer in P's action for a money judgment.
FACTS: D advertised an auction in the local newspaper. The auction was for residential
lots. It was also stated that every white person over 16 at the auction had an equal change
at a new car regardless of bidding or even buying a lot. P, a white person over sixteen,
attended the sale and received a slip of paper upon which, by direction of the auctioneer,
she placed her name, and deposited in a box held by the auctioneer. P slip was drawn and was
adjudged the winner of the automobile. In response to the auctioneer's demand, P paid him
$5.00 for his services in drawing the lucky number. D eventually refused to deliver the car
or pay for its value. P sued to recover the value alleged to be $461.00. D demurred in that
the promise by D is nudum pactum and unenforceable in that lotteries were illegal and
unenforceable in the state of Virginia. The court sustained the demurrer and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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