From our private database of 33,800+ case briefs...
Rehm-Zeiher Co. v. F.G. Walker Co.
Kentucky Court of Appeals
160 S.W. 777 (1913)
Rehm-Zeiher Co. (Rehm-Zeiher) (plaintiff) was a seller of whisky. It purchased whisky from distilleries and sold the whisky at market price. F.G. Walker Co. (Walker) (defendant) owned and operated a whisky distillery. On November 17, 1908, Rehm-Zeiher and Walker entered into a contract providing that Rehm-Zieher would purchase gradually increasing quantities of whisky from Walker from 1909 to 1912. Under the contract, Walker was to provide 2,000 cases of whisky in 1909; 3,000 cases in 1910; 4,000 cases in 1911; and 5,000 cases in 1912. Walker was excused from performance in case fire destroyed its products or distillery. Rehm-Zieher was permitted for “any unforeseen reason” to refuse to accept and pay for either all or part of each delivery of whisky. In 1909, Rehm-Zeiher only ordered and received 786 of the 2,000 cases called for in the contract. In 1910, Rehm-Zeiher only ordered and received 1,200 of the 3,000 cases called for in the contract. In 1911, the price of whisky significantly increased. Walker furnished to Rehm-Zeiher 1,044 of the 4,000 cases called for in the contract that year and refused to deliver any more. Rehm-Zeiher brought suit in Kentucky state court alleging that Walker breached the contract by refusing to deliver more than 1,044 cases in 1911, and seeking damages of $6,798. After trial, the judge directed a verdict for Walker on the ground that the contract between Rehm-Zeiher and Walker lacked mutuality of obligation and was thus unenforceable. Rehm-Zeiher appealed.
Rule of Law
Holding and Reasoning (Carroll, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 605,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 605,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.