The opinion
PRETTYMAN, Circuit Judge
(concurring).
I concur in the opinion and the decision, but I would include in the remand order an instruction to the District Court to take evidence and make a finding upon the question whether there was in fact at the time of the execution of the formal contract a possibility of loss of profits, If there was no such possibility (a most unlikely state of affairs), there would be no consideration. The evidence one way or the other, I would suppose, would be easy to find and to present, and the finding would be simple to make.