REHM-ZEIHER CO. V. F.G. WALKER CO.
160 S.W. 777 (1913)
NATURE OF THE CASE: This was a contract dispute for the sale of whisky. Rehm (P), wholesaler, filed a breach of contract against Walker (D), distiller, after the D refused to sell cases of whiskey to the wholesaler. The Court entered a directed verdict in favor of D and P appealed.
FACTS: Rehm(P) entered into a contract with Walker (D) for D to sell to P 2,000 cases of whisky in 1909, 3,000 cases in 1910, 4,000 cases in 1911, and 5,000 cases in 1912. There were provisions that if D lost his distillery he would be excused and that if P cannot use the full amount, that D would release him from the contract amount. P sued D in 1912 for enforcement of the contract as D had short shipped by 2,596 cases it was to delivery in 1911. A verdict was directed for D (the contract lacked mutuality) and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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