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HARRELL v. W. B. LLOYD CONST. CO.

No. 786DC814.

255 S.E.2d 280 (1979)

41 N.C. App. 593

David HARRELL, T/A Harrell Sand and Septic Company v. W. B. LLOYD CONSTRUCTION COMPANY.

Court of Appeals of North Carolina.

June 5, 1979.

Attorney(s) appearing for the Case

Cherry, Cherry & Flythe by Larry S. Overton and Thomas L. Cherry, Ahoskie, for plaintiff-appellee.

Smith, Anderson, Blount & Mitchell by James G. Billings and James K. Dorsett III, Raleigh, for defendant-appellant.

HARRY C. MARTIN, Judge.

We conclude plaintiff's action is one in quantum meruit. Plaintiff did not allege an express contract, nor was evidence of an express contract offered. Quantum meruit is an equitable principle that allows recovery for services based upon an implied contract. The law implies a promise to pay for services rendered by one party to another where the recipient knowingly and voluntarily accepts the services and there is no showing that...

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