FEDERAL REALTY INV. TRUST v. BELK-TYLER, ETC.

No. 811SC548.

289 S.E.2d 145 (1982)

FEDERAL REALTY INVESTMENT TRUST v. BELK-TYLER OF ELIZABETH CITY, INC.

Court of Appeals of North Carolina.

March 16, 1982.


Attorney(s) appearing for the Case

C. Glenn Austin, Elizabeth City, for plaintiff appellant/cross-appellee.

Leroy, Wells, Shaw, Hornthal & Riley by Dewey W. Wells, Elizabeth City, for defendant appellee/cross-appellant.


ARNOLD, Judge.

PLAINTIFF'S APPEAL

Federal Realty's sole assignment of error concerns the trial court's failure to submit to the jury the issue of quantum meruit. In support of this assertion, plaintiff cites evidence that defendant Belk received the benefits of maintenance services rendered by the landlord during the period in which payments were withheld. It argues that even if its performance was insufficient to fulfill the terms of the express...

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