Lipe v. Citizens Bank & Trust Co.

This is tbe same case that was before us at tbe Fall Term, 1933, opinion filed 28 February, 1934, and reported in 206 N. C., 24, 173 S. E., 316.

It is established by tbe decisions in this jurisdiction:

1. That when services are performed under an oral agreement, express or implied, that compensation is to be provided therefor in tbe will of tbe party receiving tbe benefit, and no such provision is made, an action will lie to recover for tbe breach, or to prevent an unjust enrichment, if need be, on the part of the recipient of such services. Grantham v. Grantham, 205 N. C., 363, 171 S. E., 331;…