Marks v. . Ballance
Supreme Court of North Carolina
Civil action on open account, tried, on appeal from a Justice of the Peace, before Bynum, J., at Spring Term, 1893, of Hyde Superior Court.
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Civil action on open account, tried, on appeal from a Justice of the Peace, before Bynum, J., at Spring Term, 1893, of Hyde Superior Court. It appeared that in May, 1891, the defendant purchased of plaintiffs, on sixty days time, a bill of goods to the amount of $95.98, and in October, 1891, he purchased, on sixty days time, a second bill of goods to the amount of $210.67, on which was credited a payment of $68, leaving a balance of $142.67. After both bills became due, to-wit, on January 3, 1893, the plaintiffs rendered a statement to defendant showing a balance of $238.65 to be due them, to…
1Opinion of the Court
Bukwell, J.:
We think that the matter involved in this appeal is determined by the case of Hawkins v. Long, 74 N. C., 781.
The plaintiffs have seen fit to consolidate the items of their account against the defendant, and to deduct therefrom the items of credit, and having rendered to the defendant a statement, in which they struck a balance and claimed that round sum as a debt, are bound thereby, unless the defendant has objected to such statement, and this he has not done. On the contrary, he has assented to the rendered account, impliedly, by his failure to object thereto, and expressly by…
2Cases cited1 opinion
- Hawkins Co. v. . LongSupreme Court of North Carolina · 1876
3Cited by2 opinions
- Moore v. . R. R.Supreme Court of North Carolina · 1872
- Simpson v. . ElwoodSupreme Court of North Carolina · 1894