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LEXINGTON TEL. CO. v. DAVIDSON WATER, INC.

No. COA94-1402.

468 S.E.2d 66 (1996)

LEXINGTON TELEPHONE COMPANY, INC., Plaintiff, v. DAVIDSON WATER, INC., Defendant.

Court of Appeals of North Carolina.

April 2, 1996.

Attorney(s) appearing for the Case

Stoner, Bowers & Gray, P.A. by Bob W. Bowers, Lexington, for plaintiff appellant.

Hedrick Harp & Michael by Robert C. Hedrick, Lexington; and Womble Carlyle Sandridge & Rice by Roddey M. Ligon, Jr., Winston-Salem, for defendant appellee.

COZORT, Judge.

Plaintiff appeals from judgment denying recovery in quantum meruit. Plaintiff (a telephone utility) located its underground cable lines for defendant (a water utility), after normal business hours, over a period of approximately fourteen months. Defendant then refused to pay for the after-hours cable locations, claiming it was under no obligation to make such payment pursuant to the Underground Damage Prevention Act ("Act" or

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