Harris v. . Kennedy

We think tbe charge of tbe court below correct. There was a dispute between plaintiff and defendant. Tbe letter from defendant to plaintiff set forth what be owed plaintiff and enclosed check for $33.30, and in tbe letter be stated “check to balance.” Plaintiff cashed tbe check.

Hardware Co. v. Farmers Federation, 195 N. C., 702, is a case on “all fours,” at p. 704 tbe law is stated as follows: “In Ore Co. v. Powers, 130 N. C., 152, 41 S. E., 6, tbe debtor sent a check to a creditor by letter wbicb stated: ‘We enclose you check for $3,210.46, which balances account with your good self.’ This…