Allen v. Seay

The plaintiff based her cause of action on a special contract. However, upon failure to establish the special contract her complaint contained sufficient allegations to permit her to go to the jury on quantum meruit. Thormer v. Mail Order Co., 241 N.C. 249, 85 S.E. 2d 140; Jamerson v. Logan, 228 N.C. 540, 46 S.E. 2d 561; Wright v. Ins. Co., 138 N.C. 488, 51 S.E. 55; Stokes v. Taylor, 104 N.C. 394, 10 S.E. 566.

The court submitted only the issue based on the value of the services, evidently upon the ground the evidence was insufficient to show the special contract. On this issue the judge…