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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. '''Rule''': *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. [[Category:Cases:Contracts]]
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