This section contains the nature of the case and procedural background.

Taylor's (D) wife escaped to Harrington's (P) house to avoid D's assaults. D began an assault on his wife in P's home. D's wife was about to cut D's head open with an ax when P caught the ax with his hand and saved D from being killed by his wife. P was severely injured, but D’s life was saved. The next day D promised to pay P for her injuries. D paid only a small amount and then refused. P sued for breach of contract. D claimed that the contract was unenforceable for lack of consideration and demurred to the complaint. That demurrer was sustained, and P appealed.

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