Standard Oil Co. v. Moore

• Decision Date: 14 March 1928
• Docket Number: 218.
• Citation: 141 S.E. 926,195 N.C. 305
• Parties: STANDARD OIL COMPANY v. W. C. MOORE et al.
• Court: North Carolina Supreme Court

141 S.E. 926

195 N.C. 305

STANDARD OIL COMPANY v. W. C. MOORE et al.

No. 218.

Supreme Court of North Carolina

March 14, 1928

Appeal from Superior Court, Lenoir County; Cranmer, Judge.

Civil action to recover $631.05, with interest, for goods sold by plaintiff and delivered to defendants on what is styled the "Columbia account."

The defendants offered in evidence a check for $3,681.98, made payable to the plaintiff, bearing notation, "payment in full of all accounts to date," and contended that the account in suit was covered by said payment.

But there was evidence that this check was given to plaintiff's agent at Kinston, and that it only covered accounts in his district, which did not include the Columbia account.

From a judgment of nonsuit entered at the close of all the evidence, the plaintiff appeals.

Cowper, Whitaker & Allen, of Kinston, for appellant.

F. E. Wallace and Shaw & Jones, all of Kinston, for appellees.

STACY, C.J.

Reversed, on authority of Savannah Sugar Refining Corporation v. Sanders, 190 N.C. 203, 129 S.E. 607, and Bogert & Hopper v. Henderson Mfg. Co., 172 N.C. 248, 90 S.E. 208. Reversed.