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

Holly loaned $300 to Fox (D) for D's promise to pay the money to Lawrence (P) and satisfy Holly's debts to P. D did not pay P the next day as promised. P sued D for breach of D's promise to Holly. D moved for a nonsuit alleging that the agreement was between D and Holly and that agreement was void for want of consideration, and there was no privity of contract between, P and D. The motion was overruled, and the case was submitted to the jury. P was awarded damages. The judgment was affirmed at the Superior Court. D appealed.

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