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Rehm-Zeiher v. Walker: Difference between revisions
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|date=November 20, 1913 | |date=November 20, 1913 | ||
|subject=Contracts | |subject=Contracts | ||
|facts=* Rehm-Zeiher (RZ) = a whiskey distributor = "Rehm" | |facts=*Rehm-Zeiher (RZ) = a whiskey distributor = "Rehm" | ||
* F.G. Walker (FGW) = a distiller = "Walker" | *F.G. Walker (FGW) = a distiller = "Walker" | ||
* In 1908, the 2 parties in Kentucky signed a contract for Walker to supply whiskey to Rehm | *In 1908, the 2 parties in Kentucky signed a contract for Walker to supply whiskey to Rehm | ||
*{{Timeline | |||
|2,000 cases of whiskey | |||
|1-title=Contract for Walker to supply whiskey to distributor Rehm | |||
|4-title=''Second'' | |||
|1909|3,000 cases | |||
|1910 | |||
|4,000 | |||
|1911 | |||
|5,000 | |||
|1912 | |||
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}} | |||
* | * | ||
* the contract specified that in the event of fire, Walker would be excused from making whiskey for the distributer Rehm | |||
* Rehm was also allowed to reduce its orders of whiskey | |||
* Rehm ordered | |||
* 786 cases in 1909 | |||
* 1,200 in 1910 | |||
* 4,000 in 1911 | |||
* However, in 1911, Walker only delivered 1,044 cases & refused additional deliveries because the price had risen in the market while the contracted price/case was lower | |||
* | |||
* | |||
* | |||
|procedural_history=Rehm sued Walker in Kentucky state court. | |||
Walker won in the trial court in a bench trial. | |||
|issues=Is a contract that lacks mutuality of obligation between the parties enforceable? | |||
|holding=No. A contract is un-enforceable if it lacks [https://www.quimbee.com/keyterms/mutuality-of-obligation mutuality of obligation]. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://case-law.vlex.com/vid/rehm-zeiher-co-v-901852541 | |link=https://case-law.vlex.com/vid/rehm-zeiher-co-v-901852541 |
Revision as of 23:44, December 27, 2023
Rehm-Zeiher v. Walker | |
Court | Kentucky Court of Appeals |
---|---|
Citation | 160 S.W. 777,156 Ky. 6 |
Date decided | November 20, 1913 |
Facts
- Rehm-Zeiher (RZ) = a whiskey distributor = "Rehm"
- F.G. Walker (FGW) = a distiller = "Walker"
- In 1908, the 2 parties in Kentucky signed a contract for Walker to supply whiskey to Rehm
1909
Contract for Walker to supply whiskey to distributor Rehm
2,000 cases of whiskey
3,000 cases
Second
1910
1911
4,000
5,000
1912
- the contract specified that in the event of fire, Walker would be excused from making whiskey for the distributer Rehm
- Rehm was also allowed to reduce its orders of whiskey
- Rehm ordered
- 786 cases in 1909
- 1,200 in 1910
- 4,000 in 1911
- However, in 1911, Walker only delivered 1,044 cases & refused additional deliveries because the price had risen in the market while the contracted price/case was lower
Procedural History
Rehm sued Walker in Kentucky state court.
Walker won in the trial court in a bench trial.Issues
Is a contract that lacks mutuality of obligation between the parties enforceable?
Holding
No. A contract is un-enforceable if it lacks mutuality of obligation.
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