Wednesday, December 25, 2013

Halbman v. Lemke case brief

Halbman v. Lemke case brief summary
298 N.W.2d 562 (Wis. 1980)

Plaintiffs in error contracting parties appealed a decision of a Michigan trial court, which ruled in favor of defendant in error contracting party on his action to recover compensation under the logging contract entered into by the parties.

The parties entered into a contract to cut, haul, and deliver logs. A dispute arose over the terms of the contract, and defendant in error claimed to have accepted a sum that plaintiffs in error offered to pay for the disputed claim under duress. The trial court ruled in favor of defendant in error based upon his claim of duress. However, the court reversed and remanded for a new trial. Defendant in error accepted a payment offered by plaintiffs in error because of his financial embarrassment at the time. Defendant in error admitted that had it not been for his financial embarrassment, no duress would have existed.


  • The court ruled that the dispute was between the parties to the contract and no monies were being withheld from nor was a threat made to withhold monies from third parties that would cause defendant in error much duress and financial embarrassment. 
  • Thus, the court found no duress of goods existed.

The court reversed and remanded the case for a new trial.

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