Manhattan Milling Co. v. Manhattan Gas & Electric Co.

The opinion of the court was delivered by

Burch, J.:

The action was one to recover money paid under duress. Plaintiff prevailed and defendant appeals.

On October 3, 1916, defendant contracted to supply electric cur*713rent to operate plaintiff’s mill until December 31, 1921, at a rate of 1.1684 cents per kilowatt hour. The rate was established after test runs made under conditions existing at the time the contract was negotiated. Defendant’s power plant was not equal to the task of supplying its customers, and it was obliged to purchase electric energy from the Rocky Ford Milling & Power Company. In…