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FORBES v. PILLMON

No. 746DC366.

205 S.E.2d 600 (1974)

22 N.C. App. 69

J. M. FORBES, t/a Forbes' Florist-Aluminum Products-Realtor v. Sam PILLMON, t/a Chowan Beach.

Court of Appeals of North Carolina.

June 5, 1974.

Attorney(s) appearing for the Case

No counsel for plaintiff appellee.

Cherry, Cherry & Flythe by Ernest L. Evans, Ahoskie, for defendant appellant.

VAUGHN, Judge.

Defendant contends that the court erred in its instructions on quantum meruit as the measure of damages. Defendant tendered written instructions to the court which it declined to adopt. The court charged, in part, that the measure of damages

"is the reasonable value of the labor and materials accepted and appropriated by Mr. Pillmon and these alone for which Mr. Pillmon must pay under the theory of quantum meruit unless you find that...

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