This section contains the nature of the case and procedural background.

Domenico (P) agreed to work for Alaska Packers (D) for $50 for the salmon season and 2 cents for each salmon caught. When they arrived and began working they stopped and demanded $100 for their services instead of the agreed upon amount. The company representative agreed to the terms because they stated they had no other choice because of the remoteness of the location and the shortness of the salmon season. When P returned, D refused to pay on the modified contracts. P sued and testified that he demanded increased pay because the nets were defective and therefore they were unable to maximize payment under the 2 cents per salmon caught. However, the evidence was in conflict as to the status of the nets. The trial court found that the claim that the nets provided them were rotten and unserviceable was not sustained by the evidence. Judgment was given to P. D appealed.

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