Wolf v. Marlton Corp.
Superior Court of New Jersey, Appellate Division
154 A.2d 625 (N.J. Super. 1959)
The Wolfs (plaintiffs), contracted to buy a house Marlton (defendant) was building, wanted out of the deal amid marital troubles; their lawyer told Marlton's representative Field that unless Marlton let the Wolfs out of the contract, they would resell the house to a buyer specifically undesirable in Marlton's development. Field testified he understood this as a threat that would ruin his building career and felt compelled to release the Wolfs from the deal, retaining their deposit and citing their supposed breach. The Wolfs sued for breach of contract, and the trial court found for them without fully resolving whether the lawyer's statement was actually a threat.
Whether an act or threat may constitute duress if the act or threatened act was within the actor's legal rights.