(DOWNLOAD) "Lindsey v. Speight" by Supreme Court of North Carolina No. 89 * eBook PDF Kindle ePub Free
eBook details
- Title: Lindsey v. Speight
- Author : Supreme Court of North Carolina No. 89
- Release Date : January 20, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
[224 NC Page 454] After abandoning his allegations of special contract, the plaintiff recovered in the court below on quantum meruit or for the reasonable value of his services. This is permissible under our practice. Lipe v. Trust Co., 206 N.C. 24, 173 S.E., 316; Hayman v. Davis, 182 N.C. 563, 109 S.E., 554; Bryan v. Cowles, 152 N.C. 767, 68 S.E., 205; Reams v. Wilson, 147 N.C. 304, 60 S.E., 1124. In Grantham v. Grantham, 205 N.C. 363, 171 S.E., 331, the plaintiff declared on a special contract, void under the statute of frauds, and was allowed to recover in Assumpsit on quantum meruit. The procedure also finds support in what was said in Lipe v. Trust Co., 207 N.C. 794, 178 S.E., 665.