242 A.D. 701 | N.Y. App. Div. | 1934
Judgment modified by striking therefrom the third decretal paragraph thereof with respect to the contract bearing date October 28, 1933, and as so modified unanimously affirmed, with costs to respondents. The proof does not warrant the findings (1) that the agreement of October 16, 1933, was extorted from defendant by duress and coercion by threatening the ruin of defendant’s business; (2) that the agreement is harsh, unfair, unconscionable and impossible of performance and ruinous to defendant’s business. It appears that plaintiff, in order to procure the signing of the agreement by defendant, caused a strike of defendant’s seven drivers, four of whom, at least, had definite term contracts, a breach of which could not be adequately compensated for by damages. In addition, plaintiff threatened that if the agreement was not signed by defendant