Wermers Floorcovering, Inc. v. Santanna Natural Gas Corp.

Defendant, Santanna Natural Gas Corporation, d/b/a Santanna Energy Services, appeals from a judgment awarding $1,421.22 to plaintiff, Wermers Floorcovering, Inc., a company that sells and installs carpet and wallpaper, for defendant’s breach of a contract to supply natural gas at a fixed price for a definite term. Defendant argues that the trial court erroneously concluded that the affirmative defense of voluntary payment did not preclude plaintiff’s claim. Because we conclude that plaintiffs voluntary payments to defendant were not made under duress, we reverse.

Gerald Wermers, plaintiffs…