Miller v. Davis
Supreme Court of Colorado
Error to Pueblo District Court.—Hon. J. E. Rizer, Judge.
1Opinion of the Court
Mr.'Justice GabbERT
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…
2Cases cited2 opinions
- Wheeler v. McNeilCourt of Appeals for the Eighth Circuit · 1900
- Dispeau v. First Nat. Bank of PawtucketSupreme Court of Rhode Island · 1902
3Cited by7 opinions
- Barnette v. Wells Fargo Nevada National BankSupreme Court of the United States · 1926
- DeJean v. United Airlines, Inc.Supreme Court of Colorado · 1992
- Heald v. CrumpSupreme Court of Colorado · 1923
- Hanson v. Chicago B. Q.R.R. Co.Wyoming Supreme Court · 1925
- Barnette v. Wells Fargo Nevada National BankSupreme Court of the United States · 1926
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