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JENKINS v. DUCKWORTH & SHELTON, INC.

No. 249.

89 S.E.2d 471 (1955)

242 N.C. 758

Arthur M. JENKINS and Charles J. Henderson v. DUCKWORTH & SHELTON, Inc.

Supreme Court of North Carolina.

October 19, 1955.

Attorney(s) appearing for the Case

David H. Armstrong, Troy, and J. F. Flowers, Charlotte, for defendant, appellant.

Covington & Lobdell, Charlotte, for plaintiffs, appellees.

PARKER, Justice.

Both causes of action in the complaint are based upon the same express contract of employment. The answer admits an express contract of employment, the successful performance of the employment, and the expectation of paying a reasonable fee, the amount of which had not been agreed upon.

There is no question of an implied contract. There can be no implied contract where there is an enforceable express contract between the parties as to the...

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