183 N.C. 485 | N.C. | 1922
Under the charge of his Honor the verdict has established that there was a breach of the agreement on part of defendant in forcing him to leave their employment by wrongful refusal to give him a living wage, and judgment having been entered for the damages awarded, the defendant objects to the validity of the trial:
In the Massachusetts case it was held that a compromise cannot be avoided for want of consideration, where made in settlement of a demand arising under a previous agreement between the parties which had been performed for several years, and which one of them insisted was valid and binding. Digest taken from 94 A. S. R., 623. And the principle is well stated in the Georgia case as follows: “It is well settled that the law favors compromises, when made in good faith, whereby disputed claims are settled, and especially is this true when related to family controversies; and a promise, when thus made, in extinguishment of a doubtful claim, furnishes sufficient consideration to support a valid contract. While it is not necessary that the contention which forms the basis of such a compromise shall be meritorious in order to support the promise, yet it is essential in order to furnish a consideration therefor, that the contention be made in good faith and be honestly believed in.” A position especially exigent here, where the agreement was entered upon and lived up to by the parties for twelve years, and until plaintiff’s claim for the injury is otherwise barred by the statute of limitations.
Defendant insists further that there is no evidence of a valid agreement by any one having authority to bind the company. This contract to take on a crippled employee for life is so out of the usual that authority to make it would assuredly not come under the ordinary powers of a mere foreman or boss, or even of an agent of mere general powers. Stephens v. Lumber Co., 160 N. C., 108. But, in addition to the testimony of plaintiff that Eoberts, who purported to act for the company, was “operating the mill at the time” there were facts in evidence tending to show that the company paid for the operation amputating plaintiff’s arm, and that the owner of the plant and the general
On careful consideration, we find no reversible error, and the judgment on the verdict is affirmed.
No error.