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CATOE v. HELMS CONST. & CONCRETE CO.

No. 8826SC88.

372 S.E.2d 331 (1988)

91 N.C. App. 492

Robert F. CATOE, Sr. v. HELMS CONSTRUCTION & CONCRETE CO., a North Carolina Partnership, Gary W. Myers, an individual and Connie Helms Myers, an individual.

Court of Appeals of North Carolina.

October 4, 1988.

Attorney(s) appearing for the Case

Winfred R. Ervin, Jr., Charlotte, for plaintiff-appellant.

William D. McNaull, Jr., Charlotte, for Gary W. Myers, defendant-appellee.

Connie Helms Myers, pro se.

BECTON, Judge.

Plaintiff, Robert Catoe, brought this action seeking $26,988.85 in damages ($24,000 for lost profits and $2,988.85 for out-of-pocket expenses) for breach of an express contract, or, in the alternative, recovery in the same amount in quantum meruit. Catoe appeals from judgment entered on a jury verdict awarding him nominal damages, assigning as error certain peremptory instructions to the jury. We find no error in the instructions and affirm the...

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