Smithwick signed a written
contract with Whitely to buy some land for $35 an acre.
Whitely never handed over
the deed.
Smithwick spent three years
clearing the land. Whitley then informed Smithwick that he was calling
off the deal unless Smithwick paid $50 an acre.
Smithwick, not wanting to lose
all the work he spent clearing the land, paid the $50 an acre, got the
deed, and then sued to recover the $15 an acre.
Smithwick argued that the extra money was paid under duress.
The Court found for Whitley.
The Court found that the $15
was voluntary.
Smithwick didn't play his
cards right. What he should have done was not pay, and then sue Whitley
for specific performance to get the
deed based on the original contract.
