Same - Forcing Benefit Upon Another

Neither a liability ex contractu nor a liability quasi ex contractu can be imposed upon a person otherwise than by his act or consent. One man cannot force a benefit upon another without his knowledge or consent, and then compel him to pay for it.17 If a person intentionally and knowingly performs services for another, or otherwise confers a benefit upon him, without his knowledge, so that he has no opportunity to refuse the benefit, the law will not create a liability to pay for it.18 So, where a person supplies another with goods, the latter supposing that he is being supplied by another person with whom he has contracted for the goods, the law not only will not imply a promise in fact to pay for the goods, but it will not even create a promise.19

13 Keener, Quasi Cont. 20; ante, p. 199; Rhodes v. Rhodes, 44 Ch. Div. 94; Sceva v. True, 53 N. H. 627; Trainer v. Trumbull, 141 Mass. 527, 6 N. E. 761; Gay v. Ballou, 4 Wend. (N. Y.) 403, 21 Am. Dec. 158; Earle v. Reed, 10 Metc. (Mass.) 387. See "Infants," Dec. Dig. (Key-No.) § 50; Cent. Dig. §§ 114-127; "Insane Persons," Dec. Dig. (Key-No.) § 75; Cent. Dig. §§ 89, 128, 129.

14 Ante, p. 199.

15 Ante, p. 199; Cunningham v. Reardon, 98 Mass. 538, 96 Am. Dee. 670; Chappie v. Cooper, 13 Mees. & W. 252; Turner v. Frisby, 1 Strange, 168. See "Husband and Wife," Dec. Dig. (Key-No.) § 19; Cent. Dig. §§ 109-11,6.

16 Gilley v. Gilley, 79 Me. 292, 9 Atl. 623, 1 Am. St. Rep. 307; Van Valkln-burgh v. Watson, 13 Johns. (N. Y.) 480, 7 Am. Dec. 395; People v. Moores, 4 Denio (N. Y.) 518, 47 Am. Dec. 272; In re Ryder, 11 Paige (N. Y.) 185, 42 Am. Dec. 109. But see Kelley v. Davis, 49 N. II. 187, 6 Am. Rep. 499. See "Parent and Child," Dec. Dig. (Key-No.) § 3; Cent. Dig. §§ SS-62.

17 Ante, p. 4-10.

Same - Benefits Rendered Gratuitously

If benefits are conferred gratuitously, the law will not create a promise to pay for them, even though they may have been requested.20 A person, for instance, who has rendered services for another in the absence of any intention of charging for them on the one side, or of paying for them on the other, cannot afterwards recover for them.21 Where necessaries are furnished to an infant, or an unconscious person, with the intention of charging for them, the law, as we have seen, will create a promise to pay their reasonable value. Where, however, there is no intention at the time to charge for the necessaries furnished, the law will not create a liability.22

Same - Goods Wrongfully Obtained - Waiver Of Tort

We have seen that, where goods are wrongfully obtained and converted into money, an action will lie by the owner to recover the money received as money received for his use. Such an action does not lie where the goods are retained by the wrongdoer, and not sold. As to whether, in such a case, the owner must sue in tort, as he may do, of course, or whether he may waive the tort, and sue in assumpsit for the value of the goods as upon a fictitious sale, the authorities are conflicting. Some courts allow such an action,23 while others do not.24

18 Bartholomew v. Jackson, 20 Johns. (N. Y.) 28, 11 Am. Dec. 237; Dunbar v. Williams, 10 Johns. (N. T.) 249; Glenn v. Savage, 14 Or. 567, 13 Pac. 442; Earle v. Coburn, 130 Mass. 59G; Shaw v. Graves, 79 Me. 1G6, 8 Atl. 884. See "Contracts," Dec. Dig. (Key-No.) § 27; Cent. Dig. §§ 121-132.

19 BOSTON ICE CO. v. POTTER, 123 Mass. 28, 25 Am. Rep. 9, Throckmorton Cas. Contracts, 305; Schmaling v. Thomlinson, 6 Taunt 147. See "Contracts," Dec. Dig. (Key-No.) § 21; Cent. Dig. §§ 121-132.

20Disbrow v. Durand, 54 N. J. Law, 343, 24 Atl. 545, 33 Am. St. Rep. 678; Brown v. Tuttle, 80 Me. 162, 13 Atl. 583; Cooper v. Cooper, 147 Mass. 370, 17 N. E. 892, 9 Am. St. Rep. 721; Doyle v. Trinity Church, 133 N. Y. 372, 31 N. E. 221; Patterson v. Collar, 31 I11. App. 340; Collar v. Patterson, 137 I11. 403, 27 N. E. 604; ante, p. 50. See "Contracts," Dec. Dig. (Key-No.) § 27; Cent. Dig. §§ 121-132.

21 Cicotte v. Church of St Anne, 60 Mich. 552, 27 N. W. 6S2. See "Contracts," Dec. Dig. (Key-No.) § 27; Cent. Dig. §§ 121-132.

22 St. Joseph's Orphan Society v. Wolpert,80 Ky. 86; Shepherd v. Young, 8 Gray (Mass.) 152, 69 Am. Dec. 242. See "Contracts," Dec. Dig. (Key-No.) J 27; Cent. Dig. §§ 121-132.