Sylva Supply Co. v. Watt
Supreme Court of North Carolina
Appeal by defendant from Wébb, J., at October Term, 1920, of JACKSON. Civil action to recover an alleged balance due on a grocery account. The plaintiff l’endered tbe defendant a statement of bis account, and in response to same, tbe defendant deducted $45 from tbe bill for damages done to bis automobile by tbe plaintiff’s truck driver and mailed plaintiff a cbeck, stating it was “in settlement of account.”
Read the full summary
Appeal by defendant from Wébb, J., at October Term, 1920, of JACKSON. Civil action to recover an alleged balance due on a grocery account. The plaintiff l’endered tbe defendant a statement of bis account, and in response to same, tbe defendant deducted $45 from tbe bill for damages done to bis automobile by tbe plaintiff’s truck driver and mailed plaintiff a cbeck, stating it was “in settlement of account.” Tbe plaintiff cashed tbe cbeck, and there was evidence tending to show tbat a letter was written to tbe defendant containing tbe information tbat plaintiff would not allow said deduction,…
1Opinion of the CourtStacy, J.
It will be observed tbat tbe defendant’s claim of $45 for damages to bis automobile bad been brought to plaintiff’s attention and the parties were in sharp dispute about the matter. The amount to be allowed and the method of adjustment were both in controversy. It is true the grocery account was not denied, but it clearly appears that defendant’s first check was sent “in settlement of account,” and the second was enclosed in a letter containing the statement that this “balances the account between us.” The item of $45 for damages to the automobile was deducted in both instances. There was no…
2Cases cited6 opinions
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Rosser v. . BynumSupreme Court of North Carolina · 1915
- Aydlett v. . BrownSupreme Court of North Carolina · 1910
- Koonce v. . RussellSupreme Court of North Carolina · 1889
- Mercer v. Frank Hitch Lumber Co.Supreme Court of North Carolina · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Carolina Equipment and Parts Company v. AndersSupreme Court of North Carolina · 1965
- DeLoache v. DeLoacheSupreme Court of North Carolina · 1925
- Frazier v. RayNew Mexico Supreme Court · 1923
- Durant v. . PowellSupreme Court of North Carolina · 1939
- Harrison v. . R. R.Supreme Court of North Carolina · 1948
9 more not listed; retrieve them via the Exa API.