52 Colo. 485 | Colo. | 1912
delivered the opinion of the court.
Oral testimony to establish a degree of coercion which will avoid the written engagement of parties for duress must be at least reasonably convincing, that the party seeking to avoid a written contract on this ground was compelled to enter into it by such illegal acts on tne part of the other as compelled him to do what he would not have done voluntarily. If there is any testimony whatever tending to show duress, it is wholly insufficient to overcome the presumption that the solemn written engagements which claimant entered into were voluntary her part, or establish that her acquiescence in the Swanquist contract was not her voluntary act. In fact, it might well be said that the evidence conclusively establishes the contrary. Independent of the evidence on the subject of duress, claimant is estopped from raising that question. The transactions of which she complains had their inception in the Swanquist contract. For nearly two years after its’execution, she did not object to it, or take any steps to have it annulled. She took an assignment of this contract, and. in .accordance with its terms, accepted a conveyance of a three-quarters interest in the property
The judgment of the district court is affirmed.
Judgment affirmed.