Wurtz v. Fleischman

Court of Appeals of Wisconsin

Decided March 13, 1979

Court of Appeals of Wisconsin · decided 1979-03-13

Cited by 8 later decisions — most recently October 1995

6 state decisions

Relies on 9 Wis. 2d 487 - Mendelson v. Blatz Brewing Co. · Guetzkow Bros. v. Breese

Good law ✅— No negative treatment on recordhow we know

Decided 1979-03-13

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MOSER, P.J.

¶1(concurring). I concur with reversing the trial court and use of the doctrine of economic duress.1 I do not concur in the majority adoption of economic duress as an intentional tort. I believe the doctrine of economic duress is a quasi-contractual cause of action designed to prevent unjust enrichment.2 I would limit recovery to the overpayment, even though the means by which payment was induced are assumed to be improper. I am of the opinion that my view of the doctrine of economic duress comports with previous decisions of the Supreme Court of Wisconsin.3

¶2Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad. Commission, 183, Wis. 47, 56, 197 N.W. 352, 355 (1924); Mendelson v. Blatz Brewing Co., 9 Wis.2d 487, 494, 101 N.W.2d 805, 809 (1960).

¶3E.g., Dawson, Economic Duress — An Essay in Perspective, 45 Mich. L. Rev. 253, 282-83 (1947).

¶4Guetzkow Brothers Co. v. Breese, 96 Wis. 591, 72 N.W. 45 (1897).