Blanchard v. Edenton Peanut Co.
Supreme Court of North Carolina
Appeal by plaintiff from Allen, J., at March Term, 1921, of Gates. Civil action to recover damages for an alleged breacli of contract and loss of commissions growing out of tbe purchase and sale of certain peanuts during tbe year 1920. Plaintiff contends that by agreement be purchased said peanuts as agent for defendant.
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Appeal by plaintiff from Allen, J., at March Term, 1921, of Gates. Civil action to recover damages for an alleged breacli of contract and loss of commissions growing out of tbe purchase and sale of certain peanuts during tbe year 1920. Plaintiff contends that by agreement be purchased said peanuts as agent for defendant. There was ample evidence tending to show the existence of a contract between the parties and a breach thereof, but defendant pleads in bar a settlement by way of accord and satisfaction. Plaintiff received from the defendant a statement of his account accompanied by a check…
1Concurrence
ClaRK, Cl J.,
concurring: Concurring in all tbat Mr. Justice Stacy bas so clearly stated, tbe very great importance of tbe principle at issue, especially to farmers and all other shippers of produce, may justify some additional reasons being given. Tbe mere sending of tbe statement of an account with check for tbe balance set out therein, accompanied by a statement, more or less explicit, tbat such sum is all tbat is due will not of itself bind tbe sendee-. There must be an explicit acceptance or agreement by tbe receiver tbat tbe account is assented to and tbat tbe check is accepted in full.…
2Cases cited2 opinions
- Hawkins Co. v. . LongSupreme Court of North Carolina · 1876
- Fred Fickey & Sons v. MerrimonSupreme Court of North Carolina · 1878