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· 3/10/1941

Simon v. Stahl-Meyer, Inc.

Citations

  • 261 A.D. 972
  • 27 N.Y.S.2d 432
  • 1941 N.Y. App. Div. LEXIS 8388

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that subcontractor’s refusal to deliver goods needed by general contractor to fulfill a government contract unless the general contractor paid more and awarded the subcontractor a second subcontract constituted duress
  • rejecting claim that a party had ratified contract originally entered into under duress where the party reasonably feared \further business compulsion\ by the counterparty
  • the exercise of free will is not hindered where there exist suppliers other than those with whom the plaintiff is dealing
  • the defense of business compulsion is made out when “one party to a contract has threatened to breach the agreement by withholding goods unless the other party agrees to some further demand”
  • threat by one party to breach contract by not delivering required items is wrongful
  • fourteen month delay in bringing action and acceding to Austin’s demand did not waive economic duress claim where Loral feared that “another stoppage of deliveries which would again put it in an untenable situation”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.