Appellant sued Appellee for breach of contract or in the alternative for quantum meruit value of services rendered. At the conclusion of Plaintiff's proof the trial court sustained a motion for a directed verdict on behalf of Defendant as to the quantum meruit claim and further sustained that motion on a large portion of the contract claim. As to remaining portions of the contract claim the motion for a directed verdict was overruled, and Plaintiff voluntarily dismissed the remaining claims without prejudice. We hold that the trial court erred in granting the motion for a directed verdict as to the contract case but correctly granted a directed verdict as to quantum meruit. The judgment of the trial court is affirmed in part, reversed in part and remanded for trial on the contract issues.
Case Number
M2002-03103-COA-R3-CV
Originating Judge
Chancellor Carol L. McCoy
Case Name
Rocky Garner v. Phil Breeden & Associates
Date Filed
Dissent or Concur
No
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