Findly v. . Ray
Supreme Court of North Carolina
This was an action of assumpsit, tried before MaNly, J., at the last Fall Terra of Orange Superior Court. The plaintiff had employed the defendant, who was a house carpenter, to do certain work upon his dwelling, about which the parties had a settlement, and the plaintiff’s note, for a certain sum, was given, which, in a short time, was paid off.
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This was an action of assumpsit, tried before MaNly, J., at the last Fall Terra of Orange Superior Court. The plaintiff had employed the defendant, who was a house carpenter, to do certain work upon his dwelling, about which the parties had a settlement, and the plaintiff’s note, for a certain sum, was given, which, in a short time, was paid off. Afterwards, the plaintiff complained to the defendant that the charges were grossly excessive, and insisted that he should refund, whereupon the defendant agreed to refer it to two persons, who were named, to decide upon the value of the work and…
1Opinion of the CourtPearson, J.
In respect to the agreement to refer the alleged excess of charge to the determination of the two persons named, Mayo v. Gardner, 4 Jones’ Rep. 359, is in point. To make such an agreement binding, it is not necessary that there should be a legal cause of action. It is sufficient if there be a bona fide difference of opinion as to the rights of the parties. If it be admitted that the defendant was under no legal obligation to refund the excess, still it,is clear that the plaintiff honestly thought he was, and the mode of settling the difficulty which the parties mutually agreed to, is binding…
2Cited by11 opinions
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