MIAMI COCA-COLA BOTTLING V. ORANGE CRUSH CO.
296 F. 693 (5th Cir. 1924)
NATURE OF THE CASE: This was an action for equitable relief; specific performance and
injunctive relief. Coca-Cola (P) challenged an order dismissing P's bill, which sought to
enjoin Organge's (D) cancellation of a contract and to compel specific performance.
FACTS: Orange Crush (D) gave Coca-Cola (P) the exclusive right to bottle and distribute
Orange Crush in a designated territory. D agreed to supply concentrate and to do advertising
and P agreed to purchase a specified amount of concentrate and use its best efforts to
promote sales. The agreement was in the form of a perpetual license but P was free to
terminate the relationship at any time. After one year, D informed P that it was terminating
the agreement. P sued to enjoin the cancellation and to compel performance. The court found
that the contract was unenforceable; there was no mutuality of performance. P appealed the
order to dismiss the case.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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