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

Jungenfeld was under contract with D to act as architect for a brewery. Jungenfeld was also president of Empire Refrigerating Company, and against his wishes, a Mr. Wainwright awarded a contract for a refrigeration plant to De La Vergne Company, a competitor of Empire. Mr. Jungenfeld then decided to pull his men and supervision from the construction of a brewery for Mr. Wainwright and refused to perform any more architectural services. Mr. Wainwright needed the brewery finished in a hurry and could not do so with Jungenfeld and therefore promised Jungenfeld that he would get 5% of the cost of the De La Vergne ice machine if he resumed work. Jungenfeld did so, and when finished Mr. Wainwright refused to pay the extra 5% as promised. A referee found that the promise to pay was without consideration as Jungenfeld was obligated to finish the brewery. D prevailed, and P appealed. The lower court reversed the referee's decision. This appeal resulted.

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