Legal Opinion

Petit v. . Woodlief

Supreme Court of North Carolina

Decided September 5, 1894PublishedCited by 13 opinions

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

  1. Preston v. GrantSupreme Court of Vermont · 1861
  2. Towslee v. HealeySupreme Court of Vermont · 1867
  3. Carter v. NicholsSupreme Court of Vermont · 1886

3Cited by13 opinions

  1. Carolina Equipment and Parts Company v. AndersSupreme Court of North Carolina · 1965
  2. Whittaker Chain Tread Co. v. Standard Auto Supply Co.Massachusetts Supreme Judicial Court · 1913
  3. Talbott v. EnglishIndiana Supreme Court · 1901
  4. Kerr v. . SandersSupreme Court of North Carolina · 1898
  5. Ryan v. Progressive Retailer Publishing Co.Court of Appeals of Georgia · 1915

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