SISKRON v. TEMEL-PECK ENTERPRISES, INC.

No. 7526SC217.

216 S.E.2d 441 (1975)

26 N.C. App. 387

Harry C. SISKRON, d/b/a City Plumbing Company v. TEMEL-PECK ENTERPRISES, INC., et al.

Court of Appeals of North Carolina.

July 2, 1975.


Attorney(s) appearing for the Case

Hamel, Cannon & Hamel, P.A., by I. Manning Huske and Reginald S. Hamel, Charlotte, for plaintiff.

Weinstein, Sturges, Odom, Bigger & Jonas, P.A., by John J. Doyle, Jr., Charlotte, for defendant.


CLARK, Judge.

When one person confers a benefit upon another which is not required by a contract either express or implied or a legal duty, the recipient thereof is often unjustly enriched and will be required to make restitution therefor. However, this rule is not the case where the person conferring the benefit is a volunteer or intermeddler or where the person conferring the benefit does so without affording the recipient an opportunity to reject the benefit. See...

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