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ALLEN v. SEAY

No. 525.

103 S.E.2d 332 (1958)

248 N.C. 321

Mrs. Ray S. ALLEN v. Thomas W. SEAY, Jr., Administrator c.t.a. of the Estate of Mary Cross Cox, Decedent.

Supreme Court of North Carolina.

April 30, 1958.

Attorney(s) appearing for the Case

Graham M. Carlton, Salisbury, for plaintiff, appellant.

John C. Kesler, Salisbury, for defendant, appellee.

HIGGINS, Justice.

The plaintiff based her cause of action on a special contract. However, upon failure to establish the special contract her complaint contained sufficient allegations to permit her to go to the jury on quantum meruit. Thormer v. Lexington Mail Order Co., 241 N.C. 249, 85 S.E.2d 140; Jamerson v. Logan, 228 N.C. 540, 46 S.E.2d 561...

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