Is it permissible for a party signing a receipt for money, to explain or contradict the same by oral testimony?
The evidence tended to show that the plaintiff was employed by the defendant as substitute clerk in the postoffice at Littleton, N. C., and *463agreed to work for $50.00 per month. The United States Government paid for such service the sum of sixty-five cents per hour. The hours of service rendered by plaintiff computed at the government price, amounted to much more than $50.00 per month. The defendant received pay from the government for the services of plaintiff the sum of sixty-five cents per hour, but paid to plaintiff the fixed sum of $50.00 per month.
The plaintiff from time to time was required to sign receipts for the amount received by the defendant from the government. All of these receipts showed that she was paid at the rate of sixty-five cents an hour, and that the amount of the receipt so signed by her was in excess of the sum actually paid to her by the defendant. When the plaintiff made protest the defendant explained that the difference was used by him in paying for extra services rendered by him and other employees in the postoffice.
The trial judge excluded the proffered testimony of plaintiff in explanation and contradiction of the receipts. The general rule of law applicable to the facts is stated in Norwood v. Grand Lodge, 179 N. C., 441, 102 S. E., 749, in these words: “When a receipt is evidence of a contract between parties it stands on the same footing with other contracts in writing, and cannot be contradicted or varied by parol evidence; but when it is an acknowledgment of the payment of money or of the delivery of goods, it is merely prima facie evidence of the fact which it recites, and may be contradicted by oral testimony.” The principle is particularly insistent where there is evidence of fraud or mistake. Grant v. Hughes, 96 N. C., 177, 2 S. E., 339.
The defendant insists that fraud is not sufficiently pleaded, but the facts warrant a recovery for money had and received, and the complaint, by liberal construction, is broad enough to support such theory. Stroud v. Ins. Co., 148 N. C., 54, 61 S. E., 626; Mitchem v. Pasour, 173 N. C., 487, 92 S. E., 322.
The effect of plaintiff’s conduct, after acquiring knowledge of all the facts, is not presented for decision for the reason that no such defense appears in the answer.
The Court is of the opinion that the judgment of nonsuit was erroneously entered.
New trial.