Booe v. Shadrick, 221A87

Decision Date06 October 1988
Docket NumberNo. 221A87,221A87
CourtNorth Carolina Supreme Court
PartiesIrvin D. BOOE, d/b/a Waughtown Electric Co. v. Billy B. SHADRICK; Bob R. Badgett; Housing Projects, Inc.; Ellerbe Manor Apts., Ltd.; Wilkes Towers, Ltd.; Sheraton Towers, Ltd; United States Fidelity & Guaranty Ins. Co.; Highland Mortgage Co.

William B. Gibson, Winston-Salem, for plaintiffs.

Brinkley, Walser, McGirt, Miller, Smith & Coles, Lexington, for defendants.

ORDER

Upon consideration of the petition filed by Defendants in this matter for rehearing of the decision of this Court pursuant to Rule 31, N.C. Rules of Appellate Procedure, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 6th day of October 1988."

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18 cases
  • Embree Const. Group, Inc. v. Rafcor, Inc.
    • United States
    • North Carolina Supreme Court
    • January 10, 1992
    ...is required to make restitution to the other." Booe v. Shadrick, 322 N.C. 567, 570, 369 S.E.2d 554, 555-56, reh'g denied, 323 N.C. 370, 373 S.E.2d 540 (1988) (quoting the Restatement of Restitution § 1 (1937)). "A person entitled to restitution is entitled, in an appropriate case, to a reme......
  • Delta Environmental v. Wysong & Miles Co.
    • United States
    • North Carolina Court of Appeals
    • February 2, 1999
    ...the claim[,] and the law will not imply a contract." Booe v. Shadrick, 322 N.C. 567, 570, 369 S.E.2d 554, 556, reh'g denied, 323 N.C. 370, 373 S.E.2d 540 (1988). Here, the first and second contracts govern the relationship between the parties with regard to payment and services rendered. Th......
  • Marlen C. Robb & Son Boatyard v. Vessel Bristol, 93-106-CIV-4-MC.
    • United States
    • U.S. District Court — Eastern District of North Carolina
    • December 8, 1994
    ...Homestead Preservation Ass'n, 330 N.C. 569, 412 S.E.2d 1 (1992); Booe v. Shadrick, 322 N.C. 567, 369 S.E.2d 554, reh'g denied, 323 N.C. 370, 373 S.E.2d 540 (1988). 4. Summary as to Plaintiff's Plaintiff has lost its opportunity to enforce its maritime lien by failing to effect service of pr......
  • Hinson v. United Financial Services, Inc.
    • United States
    • North Carolina Court of Appeals
    • August 6, 1996
    ...restitution to the other.' " Booe v. Shadrick, 322 N.C. 567, 570, 369 S.E.2d 554, 555-56, (citation omitted), reh'g denied, 323 N.C. 370, 373 S.E.2d 540 (1988). "A claim of this type is neither in tort nor contract but is described as a claim in quasi contract or a contract implied in law."......
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