Mills v. . Taber

Supreme Court of North Carolina

Mills v. . Taber

50 N.C. 412

DecidedAugust 5, 1858

StatusPublished

This text of 50 N.C. 412 (Mills v. . Taber) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mills v. . Taber, 50 N.C. 412 (N.C. 1858).

Pincite

Opinion

Pearson, J.

To avoid the operation of the statute of limitations, there must be a promise, either express or implied, to pay a certain and definite sum, or an amount capable of being reduced to a certainty, by reference to some paper, or by computation, or in some other infallible mode, not depending on the agreement of the parties, or the finding of arbitrators, or a jury ; McRae v. Leary, 1 Jones’ Rep. 91.

The promise relied on, in our case, fixes no definite sum, but the amount is left open, — dependent on the alleged credits, as to which there might be a disagreement, which could only be settled by reference to a jury, or to arbitration. So it falls within the principle stated above. In Slum v. Allen, Busb. Rep. 58, the promise relied on, was nearly in the precise words used in this case. There is error.

Peb Cueiam. Judgment reversed.

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Pearson, J.

To avoid the operation of the statute of limitations, there must be a promise, either express or implied, to pay a certain and definite sum, or an amount capable of being reduced to a certainty, by reference to some paper, or by computation, or in some other infallible mode, not depending on the agreement of the parties, or the finding of arbitrators, or a jury ; McRae v. Leary, 1 Jones’ Rep. 91.

The promise relied on, in our case, fixes no definite sum, but the amount is left open, — dependent on the alleged credits, as to which there might be a disagreement, which could only be settled by reference to a jury, or to arbitration. So it falls within the principle stated above. In Slum v. Allen, Busb. Rep. 58, the promise relied on, was nearly in the precise words used in this case. There is error.

Peb Cueiam. Judgment reversed.

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Bluebook (online)

50 N.C. 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-taber-nc-1858.