Gulf & S. I. R. v. Magee Warehouse Co.

Citations

• 109 Miss. 9
• 67 So. 648

Syllabus

<p>1. Work and Labor. Performance of service. Implied contract. Question for jury.</p> <p>Where service was rendered and accepted by defendant under such circumstances, that no reasonable person could assume that the benefits conferred, were intended as a gratuity, the law implies a promise to pay reasonable compensation therefor.</p> <p>2. Work and Labor. Performance of services. Implied contract. The intention of the parties to an alleged implied contract is</p> <p>the essence of the transaction. If the parties did not intend that the party receiving the benefits would pay for it, there could be no implied contract to pay.</p> <p>'3. Work and Labor. Performance of service. Implied contract.</p> <p>Where a warehouse, while being conducted by a partnership, loaded cotton gratuitously for a railroad company and after-wards while being run by a corporation organized for that purpose, made no change in the course of business between the parties and thie continued for at least two years before any compensation was demanded, these facts are circumstances to be considered by the jury in determining the existence of an implied contract to pay for such service.</p> <p>4. Work and Labor. Implied contract. Question for jury.</p> <p>Where there was a conflict in the evidence as to whether the services were rendered w'ith any expectation on the part of plaintiff that it would be paid for and it is also debatable as to whether the defendant understood that plaintiff was rendering service with the intention of charging therefor, the court should leave the jury free to pass on the conflicting evidence, and where this is not done the court on appeal will reverse and remand the case.</p>