Town of Bennettsville v. Bledsoe

Stukes, Justice.

The appellant contracted to construct certain municipal improvements for respondent for $110,000.00 which was payable as the work progressed upon estimates of the completed work. As the result of mutual mistake there were overpayments aggregating $16,053.14. When this was called to appellant’s attention he asked for time for an audit, after which he was requested to acknowledge in writing the correctness of the amount. Appellant did this by letter to respondent’s Superintendent of Utilities, dated May 22, 1953, as follows:

“This will acknowledge an overpayment of $16,053.14 for…