Kerr v. . Sanders

Citations

• 29 S.E. 943
• 122 N.C. 635
• 1898 N.C. LEXIS 319

Syllabus

<p>Action on Contract of Employment — Contract—Cancel-ling Contract of Employment — Negotiations Leading to Contract Accord and Satisfaction — Evidence.</p> <p>1. Where a written contract of employment did not require the employee to furnish a fidelity bond, his failure to do so is no ground for cancellation of such contract although in the correspondence preceding the signing of the contract a bond had been demanded by the employer.</p> <p>2. The fact that an employee, whom his employers wished to discharge, ■ refused an offer of a certain sum “in full for services” a few days before his receipt of a letter of discharge containing a check for the amount on which was written “In full for services” is no evidence that he did not accept the offer when he cashed the check and used the proceeds.</p> <p>3. The acceptance of a less amount than that claimed, in satisfaction thereof, is a complete discharge of the same, (Section 574 of The Code), hence,</p> <p>4. Where an employee was discharged and received and cashed a check for §125, on which was written “In full for services,” which amount was less than he claimed, he cannot recover more although he attempted to qualify his acceptance of the proceeds of the check by writing across the check, above his signature, the words “Accepted for one month’s services.”</p>