Walker v. . Burt
Supreme Court of North Carolina
Appeal by plaintiff from Connor, J., at tbe May Term, 1920, of Wake. Tbe plaintiff alleged tbat in December, 1918, be rented a farm from tbe defendant for tbe cultivation of certain crops during tbe year 1919; tbat be agreed to plant ten acres in tobacco, ten in cotton, ten in corn, and ten in wheat, on certain conditions or agreements, wbicb are fully stated in tbe complaint.
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Appeal by plaintiff from Connor, J., at tbe May Term, 1920, of Wake. Tbe plaintiff alleged tbat in December, 1918, be rented a farm from tbe defendant for tbe cultivation of certain crops during tbe year 1919; tbat be agreed to plant ten acres in tobacco, ten in cotton, ten in corn, and ten in wheat, on certain conditions or agreements, wbicb are fully stated in tbe complaint. He alleged tbat tbe defendant in several respects bad failed to comply witb bis contract; tbat be bad sold a part of tbe plaintiff’s crop of tobacco, and bad refused to account for all tbe proceeds; tbat tbe defendant…
1Opinion of the CourtAdams, J.
From the evidence, the charge, and the plaintiff’s prayers for instructions, as well as his exceptions, it appears that the theory upon which the case was tried is that of accord and satisfaction. This doctrine is recognized as a method of discharging a contract, or settling a cause of action arising either from a contract or a tort, by substituting for such contract or cause of action an agreement for the satisfaction thereof, and an execution of such substituted agreement. 1 R. C. L., p. 177. C. S., 895, provides: “In all claims, or money demands, of whatever kind and howsoever due, where…
2Cases cited12 opinions
- Kerr v. . SandersSupreme Court of North Carolina · 1898
- State v. . FosterSupreme Court of North Carolina · 1916
- Hinson v. . SmithSupreme Court of North Carolina · 1896
- Brown v. Virginia-Carolina Chemical Co.Supreme Court of North Carolina · 1914
- Barcliff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Pue v. . Hood, Comr. of BanksSupreme Court of North Carolina · 1942
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- Allgood v. Wilmington Savings & Trust CompanySupreme Court of North Carolina · 1955
- Pue v. HoodSupreme Court of North Carolina · 1942
- State v. . JohnsonSupreme Court of North Carolina · 1927
21 more not listed; retrieve them via the Exa API.