Litten v. Jonathan Logan, Inc.

Dissenting Opinion by

Montgomery, J.:

I cannot find in this record any reason to permit plaintiffs to recover on an oral agreement allegedly entered into by the parties in November, 1960, in the face of a complete written contract executed on January 9, 1961, with the advice of counsel.

The argument of duress advanced by plaintiffs as a reason to modify the written contract so as to permit recovery on the alleged antecedent oral agreement is *289not tenable. The duress asserted by plaintiffs is economic duress. It may be assumed that the defendant made overtures to plaintiffs to purchase their…