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THOMAS v. THOMAS

No. 9011DC603.

401 S.E.2d 396 (1991)

102 N.C. App. 124

Brenda Hall THOMAS, Plaintiff, v. John L. THOMAS, Defendant.

Court of Appeals of North Carolina.

March 5, 1991.

Attorney(s) appearing for the Case

Bain & Marshall by Elaine F. Marshall and Alton D. Bain, Lillington, for plaintiff-appellee.

Donald E. Harrop, Jr., Dunn, for defendant-appellant.

ARNOLD, Judge.

Defendant argues the trial court erred in awarding plaintiff $25,200.00 quantum meruit for breach of an implied contract. We agree.

Recovery on quantum meruit must rest upon implied contract. Lindley v. Frazier, 231 N.C. 44, 55 S.E.2d 815 (1949). This theory requires the plaintiff to show by the greater weight of the evidence that the services were rendered and accepted by both...

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