Legal Opinion

Marvel Lamp Co. v. Capel

Court of Appeals of North Carolina

Decided February 5, 1980No. 7926SC502PublishedCited by 2 opinions

1Opinion of the Court

ERWIN, Judge.

The sole question before us is whether a letter written by defendant, James A. Capel, is sufficient to be considered as a promise to pay the debt of another, Advanced Lighting? We answer, “No,” and affirm the trial court.

The body of the letter from defendant to plaintiff’s agent reads as follows:

“Gentlemen:

This letter is to inform you that Advanced Lighting Products, Inc. is no longer in business. All sales offices have been closed.

Although the above amount was purchased by the corporation and I am not personally liable, I did inform Marvel Lamp Company that I would try to pay…

2Cases cited3 opinions

  1. Standard Supply Co. v. PersonSupreme Court of North Carolina · 1911
  2. Deaton v. CobleSupreme Court of North Carolina · 1956
  3. Thomas v. Thomasville Shooting ClubSupreme Court of North Carolina · 1898

3Cited by2 opinions

  1. Lassiter v. Bank of North CarolinaCourt of Appeals of North Carolina · 2001
  2. Williams v. JonesSupreme Court of North Carolina · 1988

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