Fred Fickey & Sons v. Merrimon
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1877, of Buncombe Superior Court, before Schenck, J. The plaintiffs brought this action to recover a certain sum of money alleged to be due by defendant, and the facts necessary to an understanding of the opinion are stated by The Chief Justice. There, was a verdict and judgment for defendant, and an appeal by plaintiffs. The case was argued by Messrs. Battle ¿- Mordecai, for plaintiffs, and Mr. J. H. Merrimon, for defendant.
1Opinion of the CourtSmith, C. J.
The action was for goods alleged to have been sold and delivered by the plaintiffs to the defendant in November, 1860. In his answer the defendant denied the ■debt and said that he had entered into a contract of compromise with the plaintiffs’ counsel whereby he agreed to pay fifty per cent of the claim, on condition that it should be established, and had paid one hundred and fifty dollars to the attorney which he was not to remit but retain in his own hands until the condition was fulfilled. The plaintiffs in their replication reaffirm the validity of their demand, admit the payment of one…
2Cases cited2 opinions
- William R. McKenzie v. . Thomas N. and W. R. CulbrethSupreme Court of North Carolina · 1872
- Bryan v. . FoySupreme Court of North Carolina · 1873
3Cited by3 opinions
- Holden v. . WarrenSupreme Court of North Carolina · 1896
- Koonce v. . RussellSupreme Court of North Carolina · 1889
- Blanchard v. Edenton Peanut Co.Supreme Court of North Carolina · 1921