Story Case

Phillips Ward and Thomas Byron, a painter, had some negotiations regarding the painting of Ward's fence. Before terms were agreed upon, Byron was certain that he could please Ward. He brought his paint and brushes and started work. When Ward was leaving his house, he saw Byron and said, "Well, that is a pretty red yon are using".

After working for a week, Byron completed the task and demanded pay for his work. Ward refused to pay, on the ground that a contract never existed. Is this correct?

Ruling Court Case. Hicks Vs. Burhans, Volume 10 Johnson Reports (New York), Page 213

Certain persons had swindled Burhans and others, and then had fled. Hicks, although it was not his official duty, began a pursuit of the fugitives. Burhans and others, who were the victims, assembled and signed a certain paper, reciting that, since Hicks, previous to the making of the paper, had incurred large expenses in pursuit of the swindlers, that they promised to pay Hicks all the expenses he had, and might thereafter incur in this pursuit. Thereafter, Hicks drew up his account, amounting to $138. Burhans and the others, when shown this account, made no objection to it. But when it was presented to them for payment, they refused to settle. Thereupon, Hicks brought this action against Burhans for his share of the amount.

The defense of Burhans consisted in the fact that there was no present consideration for the services which Hicks had performed; that he had performed the services before they expressly promised to pay therefor.

By the Court: "The written promise to pay, if founded on a past consideration, may be good, if the past services be laid to have been done upon request; and if not so laid, a request may be implied from the beneficial nature of the consideration, and the circumstances of the transaction".

Because of the beneficial nature of the services, the court was of opinion that the promise to pay for the past obligation was a valuable consideration therefor; and that a request might be implied.

Accordingly, judgment was given for Hicks.

Ruling Law. Story Case Answer

If a person requests another to perform some act or service for him, and there is no mention made about compensation therefor, when the act or service is performed, it is generally held that in the request there was an implied promise to pay for the services. The consideration is the performance of the act or service for the implied promise to pay.

Sometimes, a request is implied from the circumstances surrounding the doing of the act, as in the Court Case of Hicks vs. Burhans. The circumstances, however, must clearly indicate knowledge on the part of the obligor at the time the act was done; also an acquiescence on his part indicated by a failure to object, and finally by an acceptance of the benefits, resulting from the service. Ward can recover, in the Story Case, the reasonable value of his services.