Boykin, Carmer & Co. v. D. B. Buie

*503 Avery, J.: We concur with the Judge who heard the motion in the Court below, in the opinion that the plaintiffs accepted the proposal of the defendant M. C. Buie, and were bound, when he forwarded the check for $45.55, the sum mentioned in their letter, to apply the same in full discharge of his indebtedness by reason of said judgments. The defendant has the right to demand that the substance of the said agreement shall appear upon the judgment docket, so as to show that the plaintiffs can proceed no further by virtue of the judgments against him. Under the provisions of the statute (The Code, § 574), where a creditor voluntarily accepts from the debtor a less sum than is actually due, by way of compromise and in lieu of the whole, the debt is discharged. Koonce v. Russell, 103 N. C., 179. When a proposal to pay a given sum, provided that the payment shall operate to relieve one of three joint judgment debtors, is accepted by the creditor, and the debtor, within a reasonable time, tenders the amount, he has the right to demand that it shall be received and applied in discharge of his obligation to make any further payment. There is no error, and the judgment is affirmed. Affirmed.