Supreme Court of North Carolina June 5, 1876 (Miller v. . Tharel)

Rodman, J.

When the contract for the sale of the land by Houston to Tharel was rescinded and Tharel gave up to Houston the bond for title which Houston had made to him, and received from Houston a paper which Houston said and Tharel believed was the note now sued on, and Tharel destroyed that paper, the liability of Tharel on the note was as much discharged as if he had paid it in money.