Rehm-Zeiher v. Walker: Difference between revisions

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*
* the contract specified that in the event of fire, Walker would be excused from making whiskey for the distributer Rehm
* 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 was also allowed to reduce its orders of whiskey

Revision as of 23:52, 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 2,000 cases whiskey to distributor Rehm
1910
3,000 cases
1911
4,000 cases
1912
5,000 cases





  • 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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