Hayes v. Railroad
Supreme Court of North Carolina
AotioN by Samuel Hayes against Atlanta and Charlotte Air Line Eailway Company, heard by Judge Henry R. Bryan and a jury, at the March Term, 1906, of the Superior Court of MecKLENburg. This was an action for the recovery of damages for personal injury.
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AotioN by Samuel Hayes against Atlanta and Charlotte Air Line Eailway Company, heard by Judge Henry R. Bryan and a jury, at the March Term, 1906, of the Superior Court of MecKLENburg. This was an action for the recovery of damages for personal injury. The defendant denied plaintiff’s right to recover, and by way of defense and accord and satisfaction alleged that plaintiff on 2 October, 1902, in consideration of the sum of $125 paid him, and an amount agreed upon, paid his counsel, executed a release in full and final settlement and satisfaction of any and all injuries, damages, etc., caused…
1Opinion of the Court
CoNNOit, J.,
after stating the ease: We concur with counsel for defendant that where there is an agreement to settle a controverted demand for a consideration fixed by the parties, all or a portion of which is executory, the defendant may set it up by making proper averments in regard to performance as an accord and satisfaction of the original demand. In this case if there were no controversy in regard to the terms of the agreement to release, we should not hesitate to hold that the defense was complete and that plaintiff would be compelled, for any breach of the contract, to sue upon that…
2Cases cited3 opinions
- Dorsett v. Clement-Ross Manufacturing Co.Supreme Court of North Carolina · 1902
- Gattis v. Kilgo.Supreme Court of North Carolina · 1901
- McArthur v. . JohnsonSupreme Court of North Carolina · 1867
3Cited by21 opinions
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- Colt v. . KimballSupreme Court of North Carolina · 1925
- King v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Hairston v. . Greyhound Corp.Supreme Court of North Carolina · 1942
- Gordon v. Great Atlantic & Pacific Tea Co.Supreme Court of Pennsylvania · 1914
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