Whitfield v. Gilchrist

MITCHELL, Chief Justice.

The question presented for review is whether the doctrine of sovereign immunity bars recovery in quantum meruit upon an action based on a contract implied in law against the State of North Carolina. We conclude that a contract implied in law is insufficient to constitute a waiver of sovereign immunity. We therefore reverse the decision of the Court of Appeals.

Plaintiff made the following allegations in the complaints filed for this action. Plaintiff is a professional association, and plaintiff’s attorney, Paul F. Whitfield, is the principal attorney in the professional…