Alaska Packers’ Ass’n v. Domenico case brief

Alaska Packers’ Ass’n v. Domenico; (9^th Cir, 1902); CB 423 (note); Notes 51

• Facts: P fisherman hired to fish for salmon for a set wage. P asked for more $ after he started to perform, D agreed so he returned assuming that upon return they would be paid the originally agreed upon wage plus the extra. D only paid the initial contract price. P sues D for the remainder on modified K.
• Reasons why the K can’t be modified:
  • No additional consideration: P not doing more than originally contracted to do, so D says promise to give something extra had no consideration and is not binding.
  • Duress: D had no reasonable alternatives, couldn’t hire another crew to do the work at that point.
• Holding: Court uses the no additional consideration argument as the most natural explanation and denies P extra money.