In Ore Co. v. Powers, 130 N. C., 152, 41 S. E., 6, the debtor sent a check to a creditor by letter which stated: “We enclose you check for $3,210.46 which balances account with your good self.” This Court upon such fact declared the law to be: “Having accepted the check with a statement in the letter that it was for balance in full and cashed the check, the plaintiff is bound thereby in the absence of evidence of fraud or other conduct on the part of the defendants to relieve the plaintiff from the effect of its acceptance of the check in full payment.” Thomas v. Gwyn, 131 N. C., 460, 42 S. E., 904; Armstrong v. Lonon, 149 N. C., 434, 63 S. E., 1011; Aydlett v. Brown, 153 N. C., 334, 69 S. E., 243.
It will be observed that the Powers case, supra, and the case of Kerr v. Sanders, 122 N. C., 635, 29 S. E., 943, and that line of cases, contain no reference to a disputed account. Dispute as an essential element of accord and satisfaction in such cases apparently appeared in the law for the first time in the case of Rosser v. Bynum, 168 N. C., 340, 84 S. E., 393, and later followed in Bogert v. Mfg. Co., 172 N. C., 248, 90 S. E., 208, and cases subsequent thereto. Supply Co. v. Watt, 181 N. C., 432, 107 S. E., 451; Blanchard v. Peanut Co., 182 N. C., 20, 108 S. E., 332; DeLoache v. DeLoache, 189 N. C., 394, 127 S. E., 419; Dredging Co. v. State, 191 N. C., 243, 131 S. E., 665.
The principle announced in the later decisions is thus expressed in Rosser v. Bynum, supra: “It is well recognized that when, in case of a disputed account between parties, a check is given and received clearly purporting to be in full or when such check is given and from the facts *705and attendant circumstances it clearly appears tbat it is to be received in full of all indebtedness of a given character or all indebtedness to date, the courts will allow to such a payment the effect contended for.”
There is evidence in the record tending to show that a bona fide controversy had arisen between the parties prior to the letter of 14 August, 1926, in which the checks were enclosed. In view of this situation the element of dispute or controversy was a fact to be determined by the jury. Therefore it was error for the trial judge to withdraw the case from the jury. The parties are entitled to have the whole controversy tried upon its merits.
Eeversed.