Harrell v. W. B. Lloyd Construction Co.

MARTIN (Harry C.), Judge.

We conclude plaintiff’s action is one in quantum meruit. Plaintiff did not allege an express contract, nor was evidence of an express contract offered. Quantum meruit is an equitable principle that allows recovery for services based upon an implied contract. The law implies a promise to pay for services rendered by one party to another where the recipient knowingly and voluntarily accepts the services and there is no showing that the services were gratuitously given. Johnson v. Sanders, 260 N.C. 291, 132 S.E. 2d 582 (1963).

Defendant contends the trial court erred in…