Petit v. . Woodlief
Supreme Court of North Carolina
This was a civil actioN, commenced August 29, 1893, before a Justice of the Peace and carried by appeal to the Superior Court of Wake County, where it was heard before HoJce, J., and a jury, at February Term, 1894. Plaintiff sought to recover a balance of $170.65, claimed to be due on a contract for repairs on a boiler. Defendant -denied his liability and claimed there had been a compromise and settlement.
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This was a civil actioN, commenced August 29, 1893, before a Justice of the Peace and carried by appeal to the Superior Court of Wake County, where it was heard before HoJce, J., and a jury, at February Term, 1894. Plaintiff sought to recover a balance of $170.65, claimed to be due on a contract for repairs on a boiler. Defendant -denied his liability and claimed there had been a compromise and settlement. In June, 1890, defendant contracted with plaintiff for certain repairs to a boiler. Defendant contended that the cost of such repairs under the contract was not to exceed $250. Plaintiff…
1Opinion of the Court
Avery, J.:
The defendant enclosed in a letter a draft to the plaintiff for $300, setting forth upon its face that it was to operate as a payment in full of a claim for repairing an engine. The defendant contended that only $250 was in fact due, but stated in his letter that he had concluded to send $300. The letter and draft construed together constituted a proposal of compromise, and even though in reality a larger sum was due, as the jury found, if the offer was accepted, either expressly or by implication arising from the defendant’s conduct, there was not simply a valid executory…
2Cases cited3 opinions
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3Cited by13 opinions
- Carolina Equipment and Parts Company v. AndersSupreme Court of North Carolina · 1965
- Whittaker Chain Tread Co. v. Standard Auto Supply Co.Massachusetts Supreme Judicial Court · 1913
- Talbott v. EnglishIndiana Supreme Court · 1901
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Ryan v. Progressive Retailer Publishing Co.Court of Appeals of Georgia · 1915
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