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Maughs v. Porter | 161 S.E. 242 (1931)
The general rule is that you can’t create an enforceable contract without consideration. At times, it can be tough to say whether one thing was consideration for another. That’s where the courts come in. One court must decide whether a prize winner’s attendance at an auction sale was consideration for the car she won there in the 1931 case Maughs versus Porter.
H. P. Porter published an ad in the local newspaper inviting the public to attend an auction for residential lots. The ad proclaimed that attendees over the age of sixteen would be eligible to enter a drawing for a new Ford automobile. Feeling lucky, Mrs. N. S. Maughs went to the auction sale. She wrote her name down on a slip of paper to enter the drawing and was later declared the winner of the car. However, Porter refused to deliver the car to Maughs or to pay her its value.
Maughs sued Porter to recover the car’s value of four hundred sixty-one dollars. Porter filed a demurrer, a type of pleading that seeks dismissal of a complaint on the ground that the claimant isn’t entitled to legal relief even if all the alleged facts are true. Specifically, Porter argued that his promise to give a new car lacked consideration and that, in any event, the promise was unenforceable because the drawing for the car was an illegal lottery. The trial court sustained the demurrer, and Maughs appealed to the Virginia Supreme Court.
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Maughs v. Porter Case Brief Summary | Law Case Explained
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