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

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.

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