Ron Medlin Construction v. Harris

Because I perceive that the principle that there can be no implied contract where an express contract exists on the same subject matter is meant to apply between the same parties, I must respectfully dissent.

The majority primarily relies upon two cases to conclude that Ron Medlin Construction cannot recover in quantum meruit against defendants because there was an express contract between defendants and George Ronald Medlin: [Vetco] Concrete Co. v. [Troy] Lumber Co., 256 N.C. 709, 124 S.E.2d 905 (1962) (“Vetco”) and Jenco v. Signature Homes, Inc., 122 N.C. App. 95, 468 S.E.2d 533 (1996).

The…