Coley v. . Dalrymple

The outcome of the case depends upon whether it is made to rest on special contract or on implied assumpsit or quantum meruit. Lawrence v. Hester, 93 N. C., 19. If on the former, it must fail. Graham v. Hoke, 219 N. C., 755, 14 S. E. (2d), 790. If on the latter, it may survive in part. Hayman v. Davis, 182 N. C., 563, 109 S. E., 554.

I. The Special CouNT.

The record is wanting in sufficiency to establish any express contract, such as alleged in the complaint, or to support the jury’s finding on the first issue. Hence, the principal' question, debated on argument and in briefs, namely, whether,…