Smith v. of Amis
Supreme Court of North Carolina
"j t From Northampton. j Tiie plaintiff declared in assumpsit on the common counts, and also that the plaintiff, on the 3d day of J anua-ry, 1823, sold to defendant’s testator a tract of land called Mush Island, for the sum of @38,000, payable in bonds; that in estimating the amount of said bonds at the time °*'maki”S payment, a mistake in adding up the different sums was committed against the plaintiff, amounting to @3071 88, of which due notice was given to the testator,…
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"j t From Northampton. j Tiie plaintiff declared in assumpsit on the common counts, and also that the plaintiff, on the 3d day of J anua-ry, 1823, sold to defendant’s testator a tract of land called Mush Island, for the sum of @38,000, payable in bonds; that in estimating the amount of said bonds at the time °*'maki”S payment, a mistake in adding up the different sums was committed against the plaintiff, amounting to @3071 88, of which due notice was given to the testator, and he promised and undertook to rectify the same. That various dealings had taken place between the plaintiff and…
1Opinion
This may be taken either as a receipt or a release; and the fact of a mistake in the counting of the notes may be shown by parol evidence, either in a court of law or a court of equity; for such proof is let in, without impugning the rule that written evidence is better than parol; for it is not controverted that the written evidence speaks the truth. As all mortals must of necessity speak what is according to their knowledge, and that knowledge being limited, and liable to misconception, the mistake when discovered may be shown. And the nature of the relief determines the forum to which…
2Cases cited2 opinions
- Rice v. Carter's Adm'rSupreme Court of North Carolina · 1850
- Reid v. . ReidSupreme Court of North Carolina · 1829