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

Swartz (P) made a deal to be the exclusive concessionaire for food and refreshments at the Rochester War Memorial Building with the War Memorial Commission (D). A clause in the contract prohibited the sale of liquor, but if that clause was stricken, those exclusive rights would go to P (P was obligated to get all the required licenses). D lifted its prohibition on beer, and P refused to obtain a license for its sale. D notified P that if he did not make the application to get the license, the contract would be canceled. P brought an action for declaratory relief. P appealed the dismissal of his action.

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