Albemarle Educational Foundation, Inc. v. Basnight, 691DC202
Citation | 4 N.C.App. 652,167 S.E.2d 486 |
Decision Date | 28 May 1969 |
Docket Number | No. 691DC202,691DC202 |
Court | North Carolina Court of Appeals |
Parties | ALBEMARLE EDUCATIONAL FOUNDATION, INC. v. A. B. BASNIGHT. |
E. Ray Etheridge, Elizabeth City, for plaintiff appellant.
John T. Chaffin, Elizabeth City, for defendant appellee.
The question presented is whether plaintiff's evidence, taken in the light most favorable to it, presents facts sufficient to justify a jury in finding that the parties had created a binding contract.
Defendant does not contest the existence of an offer. It is established law that an acceptance, unless otherwise specified, may be communicated by any means sufficient to manifest assent. 1 Corbin on Contracts, 1963 Ed., § 67, p. 275; American Law Institute, Restatement of Contracts, §§ 61, 64, pp. 67, 70. On this basis, the letter of 17 August 1967 could be found to constitute an acceptance of the offer made by the application.
Defendant insists that the purported contract relied on by plaintiff was not supported by sufficient consideration. In Carolina Helicopter Corp. v. Cutter Realty Co., 263 N.C. 139, 139 S.E.2d 362 we find the following: '* * *
In the present case, plaintiff offered evidence of the purchase of textbooks and hiring of teachers based upon the expectation of receipt of the tuition from defendant. This could be found sufficient to indicate an increase in the plaintiff's expenses as a result of defenda...
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