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S.P. Dunham & Company v. Kudra

Superior Court of New Jersey, Appellate Division

131 A.2d 306 (1957)

Relevant factsFree

Kudra (defendant), a competitor of department store Dunham (plaintiff), came into possession of customer fur coats through a bankrupt fur-storage subcontractor and demanded Dunham pay an additional $3,232.55 beyond the amount actually owed before releasing them; facing customers demanding their coats amid dropping temperatures and wanting to avoid public disclosure that a competitor had handled the coats, Dunham paid the full demanded amount and then sued to recover the excess as paid under business compulsion.

IssueFree

Whether the availability of a remedy at law precludes a claim of business compulsion where the remedy at law would be injurious to the plaintiff.

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