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

McCallister (P) entered into a contract with Patton (D) for the purchase of a Ford car. The contract called for a deposit and initiation into a que to wait for a car to become available. P's number was 37. The contract called for delivery of a car to be made as soon as possible out of current or future production at D's regularly established price. There was a $25 deposit, which was to be held in trust. P sued under specific performance because D refused to honor the contract. D demurred; the contract lacked mutuality of obligation and certainty of subject matter. The demurrer was sustained, and a motion to strike part of the pleading was overruled. P's complaint was dismissed. P appealed.

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