# Blanchard v. Edenton Peanut Co.

> Supreme Court of North Carolina · September 14, 1921 · 182 N.C. 20

URL: https://www.frixlaw.com/law-library/cases/9811882

## Case

- **Full name:** M. v. Blanchard v. the Edenton Peanut Company.
- **Court:** Supreme Court of North Carolina
- **Decided:** September 14, 1921
- **Citations:** 182 N.C. 20; 108 S.E. 332; 1921 N.C. LEXIS 165
- **Precedential status:** Published
- **Opinion:** Concurrence by ClaRK
- **Judges:** Stacy, Clark
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9811882

## Opinion text

ClaRK, Cl J.,
concurring: Concurring in all tbat Mr. Justice Stacy bas so clearly stated, tbe very great importance of tbe principle at issue, especially to farmers and all other shippers of produce, may justify some additional reasons being given. Tbe mere sending of tbe statement of an account with check for tbe balance set out therein, accompanied by a statement, more or less explicit, tbat such sum is all tbat is due will not of itself bind tbe sendee-. There must be an explicit acceptance or agreement by tbe receiver tbat tbe account is assented to and tbat tbe check is accepted in full. It is not tbe assertion of tbe sender, but tbe assent of tbe sendee, which makes tbe settlement. IVEen tbe check on its face states tbat it is “in full,” its use with tbe endorsement of tbe receiver is such acceptance in tbe absence of fraud or misrepresentation.
But tbe mere receipt of tbe statement of an account and tbe use of tbe check sent with it for tbe amount of tbe balance tbe sender alleges to be due is not an estoppel. This can be effected only by an acceptance of tbe check, or of tbe amount paid with a knowledge of tbe facts and an agreement tbat it is received in full, or by tbe retention of tbe account stated, and check without objection for such length of time tbat tbe jury may infer as a fact tbat it was accepted as correct. Hawkins v. Long, 74 N. C., 781 .
Indeed, at common law and up to cb. 178, Laws 1874-5, now C. S., 895, tbe acceptance of a lesser amount in payment with full acknowledgment tbat it is in payment of a larger amount was not valid. Fickey v. Merrimon, 79 N. C., 585 . Since tbat statute a full and voluntary acceptance of a smaller amount in payment of a larger sum, voluntarily and with full knowledge of tbe facts, is binding as a settlement in tbe absence of fraud.
It would be a serious inconvenience and injustice, to tbe farmers and tbe like especially, if tbe mere receipt of tbe account sales of produce stating tbat tbe balance therein set out was all tbat was due and tbe use of tbe checks sent therewith should prevent tbe creditor from making claim thereafter tbat tbe statement was incorrect or tbat tbe amount sent was less than it should have been when there is no express acknowledgment by tbe recipient tbat tbe check was accepted in full payment. If this were not so, tbe factor or commission merchant could force tbe consignor of produce to accept a lesser sum than was really due by compelling him to lay out of tbe use of tbe entire sum due him from tbe *24 sales of his crop until the matter was litigated, or otherwise adjusted.
Few commission merchants or other factors would attempt to force their consignors to accept their statements as true by sending checks stating on their face that they are “in full settlement,” and certainly the law does not require that checks not so stating shall be accepted “in full settlement.” Those words must be written in the face of the check or there must be an express agreement that the cheek is accepted in full settlement with full knowledge that it is a release of liability or such lapse of time after receipt of the statement and cheek, without any objection, that the jury may infer acceptance of the balance as stated by the account as correct.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9811882. Public record. Not legal advice.