quantum meruit claim (North Carolina) · Go Syfert
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quantum meruit claim in North Carolina

10 North Carolina opinions name it 2 courts 1984–2021 1 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Robertson v. Steris Corp.green
ncctapp · 2014 · cited in 2 North Carolina opinions naming this issue, 2020–2021
2 sentences

2021Robertson v. Steris Corp., 234 N.C.

2020Robertson v. Steris Corp., 234 N.C.

12
Law Offices of Peter H. Priest, PLLC v. Cochgreen
ncctapp · 2015 · cited in 1 North Carolina opinions naming this issue, 2020–2020
1 sentence

2020Priest, PLLC v. Coch, 244 N.C.

11
Ron Medlin Construction v. Harrisgreen
nc · 2010 · cited in 1 North Carolina opinions naming this issue, 2014–2014
2 sentences

2014Ron Medlin Constr. v. Harris, 364 N.C. 577, 580 , 704 S.E.2d 486, 489 (2010). {39} LabCorp contends that “procuring cause” is an essential element of a quantum meruit claim where the essential claim is that the broker is entitled to a commission.

2014Ron Medlin Constr. v. Harris, 364 N.C. 577, 580 , 704 S.E.2d 486, 489 (2010). {39} LabCorp contends that “procuring cause” is an essential element of a quantum meruit claim where the essential claim is that the broker is entitled to a commission.

11
Horack v. Southern Real Estate Co. of Charlotte, Inc.green
ncctapp · 2002 · cited in 1 North Carolina opinions naming this issue, 2014–2014
2 sentences

2014The Court of Appeals has held that a broker’s quantum meruit claim seeking recovery of a commission could not proceed to the jury where the evidence showed that the broker “was [not] the procuring cause of the sale.” Horack v. Southern Real Estate Co., 150 N.C.

2014App. 305, 312 , 563 S.E.2d 47, 52 (2002).

11
Vetco Concrete Company v. TROY LUMBER COMPANYgreen
nc · 1962 · cited in 1 North Carolina opinions naming this issue, 2011–2011
2 sentences

2011B: Measure of Damages “It is a well[-]established principle that an express contract precludes an implied contract with reference to the same matter.” Concrete Co. v. Lumber Co., 256 N.C. 709, 713 , 124 S.E.2d 905, 908 (1962) (citations omitted).

2011B: Measure of Damages “It is a well[-]established principle that an express contract precludes an implied contract with reference to the same matter.” Concrete Co. v. Lumber Co., 256 N.C. 709, 713 , 124 S.E.2d 905, 908 (1962) (citations omitted).

11
Paramount Brokers, Inc. v. Digital River, Inc.green
mdd · 2000 · cited in 1 North Carolina opinions naming this issue, 2009–2009
1 sentence

2009Paramount, 126 F. Supp. 2d at 949 (internal citations omitted). {51} Plaintiff has asserted two (2) different measures of damages under the quantum meruit claim.

11
Eastway Wrecker Service, Inc. v. City of Charlottegreen
ncctapp · 2004 · cited in 1 North Carolina opinions naming this issue, 2007–2007
1 sentence

2007App. 639, 643 , 599 S.E.2d 410, 412 (2004) (“dismissal of the quantum meruit claim was . . . appropriate because such a claim when brought against an arm of the State is barred by sovereign immunity), disc. review denied, 359 N.C. 410 , 612 S.E.2d 318 , aff’d per curiam, 360 N.C. 167 , 622 S.E.2d 495 (2005).

11
Shore v. Browngreen
nc · 1989 · cited in 1 North Carolina opinions naming this issue, 2001–2001
2 sentences

2001Accordingly, the trial court did not err in granting Defendant’s motion for summary judgment on the contract claim but it did err in denying Defendant’s motion on the quantum meruit claim. 4 II “If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).

2001Accordingly, the trial court did not err in granting Defendant’s motion for summary judgment on the contract claim but it did err in denying Defendant’s motion on the quantum meruit claim. 4 II “If the granting of summary judgment can be sustained on any grounds, it should be affirmed on appeal.” Shore v. Brown, 324 N.C. 427, 428 , 378 S.E.2d 778, 779 (1989).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Guess v. Parrott green
ncctapp · 2003
1 sentence

2020App. 325, 335 , 585 S.E.2d 464 , 470–71 (2003) (providing that various factors should be considered when determining the reasonable value of services rendered by an attorney for a quantum meruit claim, including “the terms of the percentage agreement, the nature of the litigation, difficulty of the case, time spent, the amount of money involved, results achieved[,] and amounts customarily charged for similar services in the same locality.”). 47.

12020–2020
James River Equipment, Inc. v. Tharpe's Excavating, Inc. green
ncctapp · 2006
1 sentence

2014“To recover in quantum meruit, a plaintiff must first show that (1) services were rendered to the defendant; (2) the services were knowingly and voluntarily accepted; and (3) the services were not given gratuitously.” James River Equip., Inc. v. Tharpe’s Excavating, Inc., 179 N.C.

12014–2014
Environmental Landscape Design Specialist v. Shields green
ncctapp · 1985
1 sentence

2008“To recover in quantum meruit, [a] plaintiff must show: (1) services were rendered to [the] defendants (2) the services were knowingly and voluntarily accepted; and (3) the services were not given gratuitously.” Environmental Landscape Design v. Shields, 75 N.C.

12008–2008
EASTWAY WRECKER SERV. v. City of Charlotte neutral
nc · 2005
2 sentences

2007App. 639, 643 , 599 S.E.2d 410, 412 (2004) (“dismissal of the quantum meruit claim was . . . appropriate because such a claim when brought against an arm of the State is barred by sovereign immunity), disc. review denied, 359 N.C. 410 , 612 S.E.2d 318 , aff’d per curiam, 360 N.C. 167 , 622 S.E.2d 495 (2005).

2007App. 639, 643 , 599 S.E.2d 410, 412 (2004) (“dismissal of the quantum meruit claim was . . . appropriate because such a claim when brought against an arm of the State is barred by sovereign immunity), disc. review denied, 359 N.C. 410 , 612 S.E.2d 318 , aff’d per curiam, 360 N.C. 167 , 622 S.E.2d 495 (2005).

12007–2007
Baxley v. Jackson neutral
nc · 2005
1 sentence

2007App. 639, 643 , 599 S.E.2d 410, 412 (2004) (“dismissal of the quantum meruit claim was . . . appropriate because such a claim when brought against an arm of the State is barred by sovereign immunity), disc. review denied, 359 N.C. 410 , 612 S.E.2d 318 , aff’d per curiam, 360 N.C. 167 , 622 S.E.2d 495 (2005).

12007–2007
Dove v. Speller neutral
nc · 2005
1 sentence

2007App. 639, 643 , 599 S.E.2d 410, 412 (2004) (“dismissal of the quantum meruit claim was . . . appropriate because such a claim when brought against an arm of the State is barred by sovereign immunity), disc. review denied, 359 N.C. 410 , 612 S.E.2d 318 , aff’d per curiam, 360 N.C. 167 , 622 S.E.2d 495 (2005).

12007–2007
Sanders v. . Ragan green
· 1916
2 sentences

1994Sanders v. Ragan, 172 N.C. 612 , 90 S.E. 777 (1916).

1994Sanders v. Ragan, 172 N.C. 612 , 90 S.E. 777 (1916).

11994–1994
Hicks v. Hicks green
ncctapp · 1971
2 sentences

1984A quantum meruit claim, which is implied by law rather than agreed to by the parties, is not within the Statute of Frauds, Hicks v. Hicks, 13 N.C.

1984App. 347 , 185 S.E. 2d 430 (1971); nor, for that matter, are trespass or unlawful timber cutting claims.

11984–1984

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 169 (1941–2026) CA 56 (1979–2026) NY 52 (1931–2026) IL 52 (1979–2025) PA 30 (1950–2025) MO 29 (1967–2024) GA 28 (1973–2025) LA 28 (1973–2021) NJ 27 (1979–2026) CT 24 (1982–2019) OR 23 (1983–2025) SC 20 (1926–2024) OH 19 (1992–2024) MA 18 (1980–2026) FL 17 (1982–2025) MS 16 (1984–2023) WA 16 (1930–2026) ME 16 (1994–2024) CO 14 (1984–2026) UT 14 (1988–2015) TN 14 (1983–2026) VA 11 (1986–2012) NC 10 (1984–2021) DC 9 (1984–2018) IN 8 (1914–2024) NV 7 (1978–2017) KY 7 (2000–2026) MI 6 (1975–2018) WI 6 (2019–2026) NE 5 (1988–2019) AZ 5 (1971–2015) AR 5 (1922–1997) DE 5 (2020–2025) ND 5 (1989–2016) AL 5 (1907–2025) MD 4 (1998–2015) SD 4 (1994–2026) IA 4 (1908–2020) NM 4 (1980–2011) WY 3 (1989–2022) VT 3 (2013–2024) MN 3 (1924–2016) HI 3 (1914–2024) KS 3 (1990–2021) NH 2 (1983–1999) ID 2 (1897–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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