This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
If the services are accepted voluntarily, a previous request is not necessary to the creation of liability.1 Thus if a litigant knows that a stenographer is taking and transcribing testimony during a trial for the use of the attorney of the litigant, the latter, on accepting the benefit of such services is liable therefor.2 So if A nurses and cares for B, and B accepts such services he is liable therefor.3 If A renders services on a farm owned in part by B and in part by C, and such services are rendered for the benefit of both, and A expects to be paid by both, B and C are jointly liable for such services if they accept them knowing of A's belief.4 So if water is furnished to a village, and the authorities accepting it were authorized to contract therefor, and were not required by law to make contracts in a specified form, the village is liable for a reasonable compensation therefor.5
The principle that voluntary acceptance of services creates a liability to pay therefor often takes us into cases of constructive contract, since there is often no enforceable contract in fact between the parties.
4Petterson v. Ry., 134 Cal. 244; 66 Pac. 304.
5Petterson v. Ry., 134 Cal. 244; 66 Pac. 304.
1 Nichols v. Vinson, 9 Houst. (Del.) 274; 32 Atl. 225; Rockford, etc., Ry. v. Wilcox, 66 111. 417; Palmer v. Miller, 19 Ind. App. 624; 49 N. E. 975; Shoemaker v. Roberts, 103 la. 681; 72 N. W. 776; Viley v. Pettit, 96 Ky. 576; 29 S. W. 438; Baxter v. Knox (Ky.), 44 S. W. 972; Snyder v. Neal, 129 Mich. 692; 89 N. W. 588; Port Jervis Water Works Co. v. Port Jervis, 151 N. Y. Ill; 45 N. E. 388; Moffitt v. Glass, 117 N. C. 142; 23 S. E. 104; Kiser v. Holladay, 29 Or. 338; 45 Pac. 759; Wheeler v. Hall, 41 Wis. 447.
2 Palmer v. Miller, 19 Ind. App. 624; 49 N. E. 975.
3 Baxter v. Knox (Ky.), 44 S. W. 972.
4 Snyder v. Neal, 129 Mich. 692; 89 N. W. 588.
5 Port Jervis Water Works Co. v. Port Jervis, 151 N. Y. Ill; 45 N. E. 388.