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D, as P well knew, was the keeper of a house of prostitution. P sold beer to D for the use and dispensation in and for carrying on and maintaining the house. When sold and delivered, it was agreed between P and D that the beer was to be paid for out of the profits accruing to D from her unlawful occupation. P sued D for payment of the beer. At trial, D relied wholly upon admissions made by P's agent when testifying that he did not know just what was done with the beer, but that, when selling it to D, he supposed she would sell or use it in her brothel. On this admission, the case was dismissed by the trial court. P appealed.

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