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 A requests B to perform services for C, the mere fact of the request does not create an implied contract on the part of A to pay B for such services. The same rule applies to delivering goods.1 Thus if a bystander calls in a physician to act for an injured person who cannot act for himself,2 or a father calls in a physician to attend to an adult child who is sick at his father's house, and for whose support the father is not liable,3 or A requests a physician to care for A's insane brother B, who is not a member of A's family,4 the person summoning the physician is not liable to him for his services. A different result was reached where A, who had been brought up in B's family, had gone away to work, but had returned to B and was then living in B's house and doing domestic work without any specific contract for compensation, became sick and B called in X, a physician to attend to A. It was held a -question of fact whether the understanding between X and B was that B was personally liable to X for X's services to A.5 If A requests B to furnish board and lodging to C and others, employees of A, A is not liable to B unless he has promised to pay therefor.6 If, however, A agrees with a hospital that A will pay for the care of
93 Am. St. Rep. 507; 51 Atl. 632.
3 Burton v. Mfg. Co., 132 N. C. 17; 43 S. E. 480.
1 "Furnishing or delivering to a third party, though upon defendant's request, does not as a matter of law imply an undertaking by defendant to pay." Conrad National Bank v. Ry., 24 Mont. 178, 183; 61 Pac. 1.
2Starett v. Miley, 79 111. App.
658; Meisenbach v. Cooperage Co., 45 Mo. App. 232.
3 Rankin v. Beale, 68 Mo. App. 325; Boyd v. Sappington, 4 Watts. (Pa.) 247.
4 Smith v. Watson, 14 Vt. 332.
5 Clark v. Waterman, 7 Vt. 76; 29 Am. Dec. 150.
6 Conrad National Bank v. Ry., 24 Mont. 178; 61 Pac. 1.
B till further notice, A cannot end his liability by giving such notice unless B has so far recovered as to be capable of being moved.7