Keith v. Day

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 plaintiffs recovery of $252,120 on the theory of quantum meruit for plaintiff having assisted Day in establishing the corporate defendant. We affirm on the covenant not to compete issue, reverse on the quantum meruit issue, and remand for entry of judgment consistent with this opinion.

Plaintiff John E.…