Davis Sulphur Ore Co. v. Powers
Supreme Court of North Carolina
ActioN by the Davis Sulphur Ore Company against E. J. Powers and others, heard by Judge O. II. Allen and a jury, at October Term, 1901, of the Superior Court of New HaNOVER County.. From a judgment for the defendants, the plaintiff appealed.
1Opinion of the CourtClark, J.
The defendants sent to> the plaintiffs an itemized statement of tbe account between them, showing balance due plaintiffs of $3,210.46, for which a check was sent in the same letter, which stated: “We enclose you check for $3,210.46, which balances account with your good self.”
The plaintiff received the letter, check and statement, and cashed the check. On this uncontradicted testimony, his Honor instructed the jury, if they believed the evidence, to answer the issue in favor of the defendants. Harris v. Mur phy, 119 N. C., 34; 56 Am. St. Rep., 656.
There was no evidence to show fraud,…
2Cases cited4 opinions
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- Harris v. . MurphySupreme Court of North Carolina · 1896
- Wittkowsky v. Baruch.Supreme Court of North Carolina · 1900
- Cline v. . RudisillSupreme Court of North Carolina · 1900
3Cited by15 opinions
- Walker v. . BurtSupreme Court of North Carolina · 1921
- DeLoache v. DeLoacheSupreme Court of North Carolina · 1925
- Aydlett v. . BrownSupreme Court of North Carolina · 1910
- Durant v. . PowellSupreme Court of North Carolina · 1939
- Drewry-Hughes Co. v. DavisSupreme Court of North Carolina · 1909
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