In this condition of the English law it was evident that the king's courts would have to choose between enforcing directly the rights arising out of an implied contract which they were already enforcing indirectly, or yielding a rapidly developing field of jurisdiction to the courts of chancery. In this dilemma they decided to enforce genuine implied contracts,1 beginning with cases in which the party who sought to enforce the promise was bound by law to render the service for which he sought to recover it, so that the court could say with perfect propriety that it was unfair to deny the right of recovery for services where the plaintiff was bound to render on demand the services for which he sought recovery.2 Gradually, unwillingly and without much regard to logic, the action of assumpsit was extended until it covered all genuine implied contracts.