Federal Realty Investment Trust v. Belk-Tyler of Elizabeth City, Inc.

ARNOLD, Judge.

Plaintiff’s Appeal

Federal Realty’s sole assignment of error concerns the trial court’s failure to submit to the jury the issue of quantum meruit. In support of this assertion, plaintiff cites evidence that defendant Belk received the benefits of maintenance services rendered by the landlord during the period in which payments were withheld. It argues that even if its performance was insufficient to fulfill the terms of the express contract, it should be permitted to recover the value of the services under an implied contract.

Quantum meruit recovery is based on the amount by…