Marks v. . Ballance

Decided September 5, 1893

Supreme Court of North Carolina · decided 1893-09-05

Civil action on open account, tried, on appeal from a Justice of the Peace, before Bynum, J., at Spring Term, 1893, of Hyde Superior Court. It appeared that in May, 1891, the defendant purchased of plaintiffs, on sixty days time, a bill of goods to the amount of $95.98, and in October, 1891, he purchased, on sixty days time, a second bill of goods to the amount of $210.67, on which was credited a payment of $68, leaving a balance of $142.67.

Cited by 1 later decisions — most recently June 1872

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1893-09-05

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Bukwell, J.:

¶1 We think that the matter involved in this appeal is determined by the case of Hawkins v. Long, 74 N. C., 781.

¶2 The plaintiffs have seen fit to consolidate the items of their account against the defendant, and to deduct therefrom the items of credit, and having rendered to the defendant a statement, in which they struck a balance and claimed that round sum as a debt, are bound thereby, unless the defendant has objected to such statement, and this he has not done. On the contrary, he has assented to the rendered account, impliedly, by his failure to object thereto, and expressly by his pleas in the two actions brought against him, thus making himself bound with the plaintiffs by this account stated. Upon the facts agreed, the two actions should have been dismissed, and it is so ordered.

¶3 Error. Reversed.