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BIG BEAR OF N. C., INC. v. CITY OF HIGH POINT

No. 99.

240 S.E.2d 422 (1978)

BIG BEAR OF NORTH CAROLINA, INC., Belk-Beck Co., Colonial Stores, Inc., K & W Cafeteria, Inc., Rose's Stores, Inc., Winn-Dixie Food Stores, Inc., Wagner Tire Service, Inc., and S. S. Kresge Co. v. The CITY OF HIGH POINT, North Carolina.

Supreme Court of North Carolina.

January 24, 1978.

Attorney(s) appearing for the Case

Byerly & Byerly by W. B. Byerly, Jr., High Point, for plaintiff appellants.

Knox Walker, City Atty., High Point, for defendant appellee.

BRANCH, Justice.

Plaintiffs contend that the payments to the city for garbage collection service were made as a result of coercion, on the part of the city, which rendered the payments involuntary. Plaintiffs rely upon the following language from 66 Am.Jur.2d, Restitution, Section 98, page 1039:

A rule that has been frequently applied is that to constitute the coercion or duress which will be regarded as sufficient to make a payment involuntary, there...

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