Carolina Cable & Connector v. R&E Electronics, Inc.
Carolina Cable & Connector v. R&E Electronics, Inc.
Dissenting Opinion
dissenting.
I disagree with the majority that there is no competent evidence to support the trial court’s findings of fact. Here, the court made the following relevant findings:
Findings of Fact
4. On or about January 21, 1993, defendant Telecommunications and Environmental Support Corporation (hereinafter referred to as “TESCOR”) informed plaintiff by way of a letter that: a financial relationship existed between TESCOR and defendant R&E; TESCOR was providing financing to defendant R&E; TESCOR promised to pay off R&E’s accounts, including plaintiff’s account; and TESCOR intended to continue to use R&E’s vendors, including plaintiff and wanted to maintain a relationship with plaintiff. This letter was signed by the Vice President of TESCOR, Greg Hales, and was not a draft or preliminary copy of any letter earlier written by TESCOR.
7. As a result of the letter received by plaintiff, TESCOR’s promise to pay the account and TESCOR’s statement that it would continue to use plaintiff as a vendor, plaintiff refrained from initiating suit against R&E in January of 1993.
8. As a result of TESCOR’s conduct and the letter and account verification form received by plaintiff, TESCOR assumed respon*523 sibility for R&E’s account and is therefore liable for the debt owed by R&E to plaintiff.
10. Plaintiff is entitled to recover from defendant TESCOR the sum of $16,554.17 plus interest at the rate of eighteen percent per annum from July 1, 1993 until plaintiff is paid in full.
Conclusions of Law
1. Defendant Telecommunications and Environmental Support Corporation is liable to plaintiff in the amount of $16,554.17 as TESCOR assumed liability of R&E to plaintiff.
The evidence shows that plaintiff was preparing to file suit against R&E at the time plaintiff received the letter from TESCOR dated 21 January 1993. The letter was replete with specific references to TESCOR’s intentions and promises to pay the balance due on the account. Additionally, the letter included an Account Verification Form which noted the balance due plaintiff and requested that the balance be verified and returned directly to TESCOR. Based on the promises contained in the letter and the Account Verification Form, plaintiff agreed to refrain from filing suit against R&E in January of 1993 and waited for payment from TESCOR. After careful review of the evidence in the record, I conclude that the challenged findings and conclusions are supported by competent evidence. Therefore, I would affirm the trial court’s judgment.
Opinion of the Court
Defendant argues that there is no competent evidence to support the trial court’s findings of fact numbers four and eight in which the trial court found that defendant had promised to pay off R&E’s debt to plaintiff. In a bench trial, the trial court’s findings of fact are con-
As you have been made aware, TESCOR has entered into an agreement with your customer, R&E Electronics, to provide financing and various advisory functions. Through this arrangement, TESCOR’s goal is to see R&E Electronics expand its growth without realizing the cash-flow problems that naturally come with the expansion of any company.
An essential ingredient to the success of R&E Electronics through this transition is to continue its relationship with its solid vendor base. R&E has greatly benefited from its relationship with you as a supplier and we want that to continue. Our expectations in the short term are to bring our account to current status and to maintain those terms. Our long-term goals are to grow by using you as one of our key suppliers and to soon be in a position to pay invoices early and take advantage of discounts.
TESCOR saw R&E as a firm that has the capabilities to become one of the nation’s largest providers of various telecommunications and electronics services. TESCOR will be the support vehicle to make that vision a reality.
We appreciate your past support. TESCOR plans to supply funding for R&E to bring your account current as quickly as possible. In order to establish our payoff plan for your account, we must verify all account balances. Please complete the attached Account Verification Form and return it to the address shown at the bottom of the form.
Upon completion of our initial analysis, we will be in contact with you concerning our plans to bring your account to current status. We look forward to a continuing relationship. Your patience and understanding is greatly appreciated. You can look for great things to happen in the future with R&E Electronics.
In Bowman v. Hill, 45 N.C. App. 116, 262 S.E.2d 376 (1980), we stated that “[o]ne of the elements of a valid contract is a promise, which has been defined as an assurance that a thing will or will not be done. ‘[However,] the mere expression of an intention or desire is not a promise.’ ” Hill, 45 N.C. App. at 117, 262 S.E.2d at 377 (quoting 17A Am. Jur. 2d, Contracts § 3 (1991)). Here, in defendant’s letter to
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.