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20 N.C. 208

Poteat v. Badget

Supreme Court of North Carolina

Decided June 15, 1839

Supreme Court of North Carolina · decided 1839-06-15

This was an action of assumRsit, in which the plaintiff declared in two counts, one on a quantum valebat for, the use and occupation by the defendant of the plaintiff’s tenant, the other, on a promise of the defendant to pay the plaintiff fifty dollars for such use and occupation.

Decided 1839-06-15

GastoN, Judge,

¶1after stating the case as above, proceeded as follows: We approve of the opinion expressed by his Honor. The offer of the defendant unless accepted by the plaintiff, was in no way obligatory. Neither was it an admission of the fact that the defendant owed the sum of fifty dollars. In all fairness it must be understood with reference to the subject matter before the parties, which was an attempt to adjust a disputed claim. It was a proposition, whether that claim- were well or ill founded, to pay a specific sum as the price of peace. As the plaintiff did not accede to the proposition, the rights of the parties remained precisé! y as they were before the propositition was made. The judgment is affirmed.

¶2Pee, Curiam. Judgment affirmed.

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