ELLIS v. MULLEN

No. 7627SC1049.

238 S.E.2d 187 (1977)

34 N.C. App. 367

Nathaniel ELLIS v. Henry Spears MULLEN, Jr.

Court of Appeals of North Carolina.

November 2, 1977.


Attorney(s) appearing for the Case

Childers, Fowler & Whitt by Max L. Childers, Mount Holly, for plaintiff-appellant.

Golding, Crews, Meekins, Gordon & Gray by E. F. Parnell, Charlotte, for defendant-appellee.


CLARK, Judge.

The four drafts were attached as exhibits, and there appeared on the back of each draft the following provision:

"Endorsement of this draft constitutes full and complete settlement of any and all claims arising out of the loss or occasion referred to on the face of this draft."

On the face of the draft in the sum of $681.00 payable to plaintiff alone there appears the following: "IN FULL SETTLEMENT OF ALL CLAIMS AGAINST JUNE R. HERNDON...

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