MACHINERY HAULING, INC. V. STEEL OF WEST VIRGINIA
384 S.E.2d 139 (1989)
NATURE OF THE CASE: This was a contract dispute. (P) brought an action against Steel (D) seeking money damages for the Dr's extortionate demands. The Court certified questions concerning the effect of threats made by one party for the purpose of inducing contract concessions from the other.
FACTS: Machinery (P) was engaged in the hauling of freight. Steel (D) engaged P's services to transport 17 loads of steel to Shelby Steel in Kentucky. When delivery was nearly completed Shelby informed D that the product was not of merchantable quality and that it was rejected. P was instructed to return the product to D. Shortly thereafter an agent of D told P to pay D the sum of $31,000 the price of the undelivered goods or else D would never do business with P again. P sued D for an attempt to extort money from P. The court concluded that D's threats were not actionable. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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