The brewery and Jungenfelder modified their original contract to include a provision to increase what Jungenfelder was paid. The court comments:
The defendant was in great haste to have its new brewery completed for divers reasons. It would be hard to find an architect to fill Mr. Jungenfeld's place, and the making of new plans and arrangements when another architect was found would involve much loss of time. Under these circumstances, Mr. Wainwright promised to give Mr. Jungenfeld five percent on the cost of the De la Vergne ice machine if he would resume work. Mr. Jungenfeld accepted, and fulfilled the duties of superintending architect till the completion of the brewery.
The court asks:
What was the consideration for defendant's promise to pay five percent on the cost of the refrigerating plant, in addition to the regular charges?