{
  "id": 8661000,
  "name": "CLINE & WILKIE v. ALICE RUDISILL",
  "name_abbreviation": "Cline v. Rudisill",
  "decision_date": "1900-05-15",
  "docket_number": "",
  "first_page": "523",
  "last_page": "525",
  "citations": [
    {
      "type": "official",
      "cite": "126 N.C. 523"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "122 N. C., 635",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8661138
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/122/0635-01"
      ]
    }
  ],
  "analysis": {
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    "ocr_confidence": 0.365,
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    "simhash": "1:94a2b04829f13348",
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  "last_updated": "2023-07-14T20:36:28.883277+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "CLINE & WILKIE v. ALICE RUDISILL."
    ],
    "opinions": [
      {
        "text": "Faircloth, C. J.\nThis action commenced before a Justice of the Peace on March 4, 1899, for work and labor and materials for building a dwelling-house. On March 13, 1899, the defendant tendered and deposited with the Justice of the Peace $18.93, and accrued costs, for the use of the plaintiffs \u201cini full tender qf all indebtedness of defendant to plaintiffs.\u201d On March 14, the Justice rendered judgment in favor of the plaintiffs for $32.95 ($18.93 of which has been paid into court as above stated), against the defendant, who then and there appealed to the Superior Court.\nOn April 15 following, the plaintiff\u2019s attorney filed this receipt (the appeal then pending in the Superior Court) : \u201cReceived of S. P. Sherrill, J. P., the $18.93 paid into court, and the fees, to use of plaintiffs. This money is taken out and receipt given after judgment, the plaintiffs claiming still the balance due.\u201d\nAt the trial his Honor adjudged that the defendant go without day, and recover costs accruing since the appeal.\n. The facts were agreed to by counsel. When the plaintiffs accepted and received the amount of the tender and deposit, they did so with the condition and terms annexed, to-wit: \u201cIn full tender of all indebtedness of defendant to plaintiffs.\u201d They could not inject other terms into' the contract without the defendant\u2019s consent.\nThe question presented is sufficiently discussed in Kerr v. Sanders, 122 N. C., 635. Code, sec. 514.\nAffirmed.",
        "type": "majority",
        "author": "Faircloth, C. J."
      }
    ],
    "attorneys": [
      "Mr. L. B. Wetmore, for appellant.",
      "Mr. D. W. Robmson-, for appellee."
    ],
    "corrections": "",
    "head_matter": "CLINE & WILKIE v. ALICE RUDISILL.\n(Decided May 15, 1900.)\nTender cmd Payment Into Oourt by Defendant \u2014 Money Withdrawn by Plaintiffs \u2014 Effect\u2014The Oode, Section 571.\n1. Money tendered and deposited into oourt by defendant with costs accrued, \u201cin full tender of all indebtedness of defendant to plaintiffs,\u201d if withdrawn by plaintiffs, pending the litigation, amounts to a satisfaction of their claim, and subjects the plaintiffs to all subsequently accruing costs.\n2. The plaintiffs can not counteract the legal effect of their withdrawing and appropriating the money, by claiming a balance as still due from the defendant \u2014 they accept the money upon the condition and terms annexed.\nCivil ActioN for work and labor and materials furnished in building house for defendant, tried on appeal from Justice\u2019s Court, before McNeill, Jat October Term, 1899, of LINCOLN Superior Oourt.\nBefore judgment, the defendant tendered and deposited with the Justice $18.93, and accrued cost's, for the use of the plaintiffs, \u201cin full tender of all indebtedness of defendant +o plaintiffs.\u201d The Justice afterwards rendered judgment in favor of plaintiffs for $33.95 (of which $18.93, as stated, bad been paid into court). The defendant appealed to the Superior Court, and while the case was there pending, the plaintiffs withdrew the money, leaving the following receipt: \u201cReceived of S. P. Sherrill, J. P., the $18.93 paid into court, and the fees to use of plaintiffs. This money is taken out and receipt given after judgment, the plaintiffs claiming still the balance due.\u201d Upon the foregoing facts, his Honor adjudged that the defendant go without day and recover of plaintiffs the costs accruing since the appeal, to be taxed by the clerk.\nPlaintiffs excepted and appealed to Supreme Court.\nMr. L. B. Wetmore, for appellant.\nMr. D. W. Robmson-, for appellee."
  },
  "file_name": "0523-01",
  "first_page_order": 563,
  "last_page_order": 565
}