Nature of the Case
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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 chance 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.
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