Alaska Packersí Assín
United States Court of Appeals, Ninth
Dawson, pp. 569-572
Facts: The packing company hired
some dudes from San Francisco to go up to Alaska and work on salmon fishing
and canning.† They at first signed an
agreement to get $50 each for the season.†
Before they left, they signed another agreement giving them $60
each.† Then when they got up to Alaska, they refused to work
unless they were promised $100 each.† The
guy in charge was forced to accede to their demands and make a new contract at
the rate of $100 per person.† He tried to
tell them that he had no authority to make a new contract.† When the dudes got back, they demanded their
$100 each, but the company would only pay them under the terms of the contracts
they signed before they left.
Issue: Was the contract made in Alaska supported by fresh consideration?
Rule: Itís not fair to coerce a
party into giving a promise in exchange for doing something you were already
bound to do anyway, and the law shouldnít allow this.
Analysis: The court basically states
the rule and then asserts that the result follows really fast.
Conclusion: The judgment of the court
below is reversed.
Back to Revisions of Contractual Duty
Back to Casebook Notes