La Salle Extension University v. Ogburn
Supreme Court of North Carolina
Civil ACTION, tried before Harding, J., and a jury, at February Term, 1917, of Forsyth. Plaintiff sued for the recovery of $60, with interest, from 20 November, 1912, alleged to be due upon an account for services rendered in the department of higher accountancy, a branch of the La Salle Extension University.
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Civil ACTION, tried before Harding, J., and a jury, at February Term, 1917, of Forsyth. Plaintiff sued for the recovery of $60, with interest, from 20 November, 1912, alleged to be due upon an account for services rendered in the department of higher accountancy, a branch of the La Salle Extension University. The course of instruction given therein by correspondence is outlined and the necessary books described in the written contract signed by the respective parties and admitted by them to be their agreement. The following clause was inserted therein: “Please enter my enrollment for the…
1Opinion of the Court
Walker, J.,
after stating the case: There is no merit in the defense. A recovery is resisted simply on the ground, which .is the sum and substance of it, that plaintiff charged $1 more in the statement of the account than he thought was the amount due by him. This $1 was the express charges “on the text,” which is expressly allowed to the plaintiff in the contract, and had been prepaid by it. The language of the agreement in this respect is: “Express charges on text to be prepaid by the university and included in my account.” The statement sent to the defendant was correct, but if not so,…
2Cases cited7 opinions
- Journal Publishing Co. v. BarberSupreme Court of North Carolina · 1914
- Smith v. Lumber Co.Supreme Court of North Carolina · 1906
- Rudasill v. . FallsSupreme Court of North Carolina · 1885
- Edwards v. . ProctorSupreme Court of North Carolina · 1917
- Horner School v. . WescottSupreme Court of North Carolina · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bomberger v. McKelveyCalifornia Supreme Court · 1950
- Pappas v. . CristSupreme Court of North Carolina · 1943