Thomas v. Thomas

ARNOLD, Judge.

Defendant argues the trial court erred in awarding plaintiff $25,200.00 quantum meruit for breach of an implied contract. We agree.

Recovery on quantum meruit must rest upon implied contract. Lindley v. Frazier, 231 N.C. 44, 55 S.E.2d 815 (1949). This theory requires the plaintiff to show by the greater weight of the evidence that the services were rendered and accepted by both parties with the mutual understanding that plaintiff would be compensated for her services. Twiford v. Waterfield, 240 N.C. 582, 83 S.E.2d 548, (1954).

In Suggs v. Norris, 88 N.C. App. 539, 364 S.E.2d 159,…