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Torts Keyed to Henderson
State Rubbish Collectors Association v. Siliznoff
Citation:
38 Cal. 2d 330, 240 P.2d 282 (1952)ProfessorMelissa A. Hale
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Facts
On February 1, 1948, Peter Kobzeff signed a contract with the Acme Brewing Company to collect their rubbish, as Acme was dissatisfied with the service of Abramoff, another rubbish collector. Kobzeff signed the contract, but it was clear that the work would be done by his son-in-law, the defendant, whom Kobzeff was trying to assist in building a rubbish collection business. Kobzeff and Abramoff were both members of the State Rubbish Collectors Association (the plaintiff), but the defendant was not. The plaintiff’s bylaws provide that a member should not take an account from another member without paying for it. Abramoff filed a complaint with the plaintiff to resolve the matter, and Kobzeff claimed that the account actually belonged to the defendant, a non-member. The defendant ultimately agreed to pay Abramoff $1,850 and join the plaintiff’s association. The defendant never paid, and claimed that he made the promise to pay under duress. He claims that he was called by the president of the association and threatened to have the account taken away from him if he did not join and pay Abramoff. The president also threatened to beat up the defendant. The defendant became physically ill as a result of his fear.
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Topic Resources
Topic Outline
Intentional TortsTopic Refresher Course
Intentional Infliction of Emotional Distress