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  • Contracts Bailey Brief

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    Bailey housed a horse that West had purchased but then sent away when he found it was lame. Bailey sued West claiming there was an implied contract for West to pay for boarding the horse. The trial court agreed but the Supreme Court of Rhode Island reversed, finding no implied contract existed because there was no intent between the parties to contract. The court also said Bailey acted as a volunteer by boarding the horse and could not expect payment since West immediately told Bailey he would not pay after receiving bills. The case was remanded and Bailey's appeal denied, with West's cross appeal sustained.

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    Bailey housed a horse that West had purchased but then sent away when he found it was lame. Bailey sued West claiming there was an implied contract for West to pay for boarding the horse. The trial court agreed but the Supreme Court of Rhode Island reversed, finding no implied contract existed because there was no intent between the parties to contract. The court also said Bailey acted as a volunteer by boarding the horse and could not expect payment since West immediately told Bailey he would not pay after receiving bills. The case was remanded and Bailey's appeal denied, with West's cross appeal sustained.

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    9 views1 page

    Contracts Bailey Brief

    Uploaded by

    julie_odell27
    Bailey housed a horse that West had purchased but then sent away when he found it was lame. Bailey sued West claiming there was an implied contract for West to pay for boarding the horse. The trial court agreed but the Supreme Court of Rhode Island reversed, finding no implied contract existed because there was no intent between the parties to contract. The court also said Bailey acted as a volunteer by boarding the horse and could not expect payment since West immediately told Bailey he would not pay after receiving bills. The case was remanded and Bailey's appeal denied, with West's cross appeal sustained.

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    Attribution Non-Commercial (BY-NC)
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    BAILEY v.

    WEST
    Supreme Court of Rhode Island, 1969 105 R.I. 61, 249 A.2d 414. PARTIES: : Bailey (housed horse, believes there was implied in fact contract) : West (purchased horse but then sent away when he found horse was lame) PROCEDURAL HISTORY: Bailey sued West and the trial court held that an implied in fact contract to board the horse existed between the parties. The court held that the contract was in force until Bailey received notice from West that he would not pay for the boarding of the horse. The court determined that the contract had been in force for five months and awarded the cost of boarding the horse for that period. Bailey appealed and West cross-appealed. FACTS: West purchased a horse named Bascoms Folly from Dr. Strauss. West discovered on arrival that the horse was lame and ordered that the horse be returned to Strauss. Strauss refused to accept the horse and the driver brought the horse to Baileys farm where the horse remained for over four years. Bailey sent bills for the horses care to West who returned them with the notation that he did not own the horse. ISSUE: May a volunteer recover for a benefit conferred under quasi-contract? HOLDING & DISPOSITION: No. A volunteer may not recover for a benefit conferred under quasi-contract. Remanded, Baileys appeal denied, Wests cross appeal sustained. REASONNG & RULE: In this case there was no implied in fact contract because there was no evidence that the parties ever actually intended to contract. If performance is rendered by one party without request by another, that person will generally not owe a duty to compensate the performing party. In this case Bailey was aware of the controversy regarding the horses ownership when he accepted the horse for boarding and he cannot reasonably expect to be compensated. West immediately notified Bailey that he would not be responsible for the horses care after receiving the bill for services and did not acquiesce to the conferment of a benefit upon him. Bailey acted as a mere volunteer and acted at his own risk that he might not be compensated.

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