Legal Opinion

Houston North Hospital Properties v. Telco Leasing, Inc.

Court of Appeals for the Fifth Circuit

Decided July 6, 1982No. 81-2343PublishedCited by 16 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

Peers who deal at arm’s length with each other may strike a hard bargain so long as it is not an unconscionable one. Here, a business debtor seeks to set aside an agreement entered into with its creditor whereby the creditor agreed, for a price, to accept prepayment of a loan and release the lien securing it. The debtor argues that it had no economic choice but to acquiesce in the creditor’s demands and was, therefore, the victim of economic duress entitling it to recover damages. The district court found that the threat of economic burden to a debtor, not…

2Cases cited15 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Adam G. Nunez v. The Superior Oil CompanyCourt of Appeals for the Fifth Circuit · 1978
  3. KALPLAN v. KaplanIllinois Supreme Court · 1962
  4. Seguros Tepeyac, S.A., Compania Mexicana De Seguros Generales v. Maynard Bostrom and James L. JerniganCourt of Appeals for the Fifth Circuit · 1965
  5. Alfred R. Chouinard, II and Ginger Leigh Chouinard v. Alfred F. ChouinardCourt of Appeals for the Fifth Circuit · 1978

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Phillips Oil Company v. Okc CorporationCourt of Appeals for the Fifth Circuit · 1987
  2. In the Matter of Placid Oil Company, Debtor. Professional Geophysics, Inc. v. Placid Oil Co.Court of Appeals for the Fifth Circuit · 1991
  3. Wagoner v. Exxon Mobil Corp.District Court, E.D. Louisiana · 2011
  4. Brotherhood Shipping Co., Ltd. v. St. Paul Fire & Marine Insurance Company and City of Milwaukee, and Afram Lines (International), Inc.Court of Appeals for the Seventh Circuit · 1993
  5. Baybank Middlesex v. 1200 Beacon Properties, Inc.District Court, D. Massachusetts · 1991

11 more not listed; retrieve them via the Exa API.

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