Edwards v. Matthews, (No. 53.)
| Decision Date | 12 September 1928 |
| Docket Number | (No. 53.) |
| Citation | 196 N.C. 39,144 S.E. 300 |
| Court | North Carolina Supreme Court |
| Parties | EDWARDS. v. MATTHEWS. |
Appeal from Superior Court, Nash County; Daniels, Judge.
Civil action by Neta Edwards against Joel Matthews, executor of E. D. Bass, deceased, to recover for services rendered by plaintiff to defendant's testator. The jury found that defendant's testator did not enter into the express contract with plaintiff as alleged in her complaint. From a judgment on the verdict that defendant is indebted to plaintiff on a quantum meruit for such services inthe sum of $2,100, defendant appeals. No error.
L. T. Vaughan, of Nashville, W. M. Person, of Louisburg, and I. T. Valentine, of Spring Hope, for appellant.
Austin & Davenport, of Nashville, for appellee.
Defendant's exception to the submission of the fourth issue, to wit, "Is the defendant indebted to the plaintiff upon the quantum meruit for services rendered?" cannot be sustained.
In her complaint, plaintiff alleged an express contract by which defendant's testator promised and agreed to compensate her liberally for the services rendered by her; she relied upon this contract as the foundation of her cause of action. However, her failure to prove the express contract did not preclude her recovery, for the services which the evidence shows that she rendered to defendant's testator, upon a quantum meruit There was no relationship between plaintiff and defendant's testator from which a presumption arises that the services were gratuitous. Lowrie v. Oxendine, 153 N. C. 268, 69 S. B. 131. There was no error in the submission of the fourth issue. Stokes v. Taylor, 104 N. C. 394, 10 S. E. 566; 13 C. J. 750, § 910.
Recovery was limited, under instructions of the court, to services rendered during three years immediately preceding the death of defendant's testator. Assignments of error based upon exceptions to the admission of evidence cannot be sustained. The evidence was properly submitted to the jury, and is sufficient to sustain the verdict. There are no assignments of error based upon exceptions to the charge. The judgment is affirmed.
There is no error.
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