Day v. Caton

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Day v. Caton, 119 Mass. 513 (1876).

Facts: Plaintiff built a wall 1/2 on each of his and Defendant's property. Defendant knew that Plaintiff expected part payment, and that Defendant benefited.

Issue: Was there a contract?

Holding: Yes, Defendant is liable for his 1/2 of the wall under an implied-in-fact contract.


  • Silence results in implied-in-fact contract if :
    • Plaintiff expects payment
    • Defendant has reason to know that Plaintiff expects payment
    • Defendant did not object to service
    • Defendant availed himself to the benefit of the service
  • If a party voluntarily avails himself of the benefit, when given ample opportunity to object, even without verbal consent, consent may be implied.