Trial — Motion to Nonsuit — Evidence Held Sufficient to Go to Jury.
It is error to grant a judgment as of nonsuit in plaintiff's action to recover for goods sold and delivered when there is evidence tending to show that a check marked paid, introduced in the trial, did not cover the
transaction, though upon its face it purports to be "in full of all accounts to date."
Refining Corporation v. Sanders, 190 N.C. 203, and other cases cited as controlling.
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.