Marshall v. Packard-Bell Co.

From a judgment predicated upon the sustaining of defendants’ demurrer to plaintiff’s complaint as amended in an action to recover damages and for an accounting, plaintiff appeals.

Facts

Plaintiff’s complaint as amended was in three counts, the first two based upon the theory of “illegal business compulsion,” and seeking damages therefor, while the third count sought an accounting and was predicated upon the theory that plaintiff had entrusted money to defendants by duress.

The substance of the complaint as amended was: that during the month of November, 1945, plaintiff and defendant…