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KEITH v. DAY

No. 8510SC548.

343 S.E.2d 562 (1986)

John E. KEITH v. Charles H. DAY and Ace Town & Country Hardware Store, Inc.

Court of Appeals of North Carolina.

June 3, 1986.

Attorney(s) appearing for the Case

Hunter, Wharton & Howell by John V. Hunter, III, Raleigh, for defendants-appellants.

Kimzey, Smith, McMillan & Roten by James M. Kimzey, Raleigh, for plaintiff-appellee.

COZORT, Judge.

This case has been before us once before: Keith v. Day, 60 N.C. App. 559, 299 S.E.2d 296 (1983).

Defendant Day appeals from a jury verdict awarding plaintiff $85,782 in damages for Day's breach of a covenant not to compete in the hardware business. Both defendants appeal from plaintiff's recovery of $252,120 on the theory of quantum meruit for plaintiff having assisted Day in establishing the...

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