Smith Builders Supply, Inc. v. Dixon

Plaintiff was engaged in the business of selling building supplies, including lumber.

As to the first cause of action, defendant’s admission established that $253.44 was the correct charge. Wells v. Clayton, 236 N.C. 102, 72 S.E. 2d 16. Therefore, the burden was upon defendant to prove his affirmative defense of payment. White v. Logan, 240 N.C. 791, 83 S.E. 2d 892. He offered no evidence of payment, but relied solely upon his alleged counterclaim as justification for his failure to pay.

As to the separate account for advancements, plaintiff’s evidence tended to show that plaintiff made…