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

Rehm(P) entered into a contract with Walker (D) for D to sell to P 2,000 cases of whiskey 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.

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