LEXINGTON INSULATION COMPANY v. DAVIDSON COUNTY

No. 377.

90 S.E.2d 496 (1955)

243 N.C. 252

LEXINGTON INSULATION COMPANY v. DAVIDSON COUNTY, North Carolina.

Supreme Court of North Carolina.

December 14, 1955.


Attorney(s) appearing for the Case

Charles W. Mauze, Lexington, for defendant-appellant.

Hugh Mitchell, Statesville, and Phillips & Bower, Lexington, for plaintiff-appellee.


BARNHILL, Chief Justice.

Defendant assigns as error (1) the order of the court overruling its demurrer to the complaint, and (2) the denial of its motions for judgment of nonsuit.

We need discuss only the exception to the refusal of the court below to dismiss as in case of involuntary nonsuit.

In some cases where the contract with the municipality or public agency is void, we have permitted a recovery on a quantum meruit or under the doctrine...

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