Marks v. . Ballance

18 S.E. 75, 113 N.C. 28

• Court: Supreme Court of North Carolina
• Decided: September 5, 1893
• Status: Published

Opinion

Bukwell, J.:

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

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.

Error. Reversed.