Day v. Caton

Brief Fact Summary.

Day sued Caton for the value of a wall built on his property.

Synopsis of Rule of Law.

If someone builds something on your property or renders valuable services, and you know about it, and you stay silent and don’t object, then that silence will be construed as accepting an offer to contract for the building of that property or the services rendered.

Facts.

Day built a wall on the Caton’s property, which Caton knew about, and Day argued in court the Caton promised to pay half the value of the wall, but Caton denied this. Day sued for half the value of the wall.

Issue.

Whether if someone builds something on your property or renders valuable services, and you know about it, and you stay silent and don’t object, then that silence will be construed as accepting an offer to contract for the building of that property or the services rendered.

Held.

Yes. If someone builds something on your property or renders valuable services, and you know about it, and you stay silent and don’t object, then that silence will be construed as accepting an offer to contract for the building of that property or the services rendered.

Discussion.

While it is not enough that you know that the plaintiff expects to be paid for their work. If you know they expect to be paid for their work, and you stay silent, then that silence will be constructed as accepting an offer to contract for those valuable services. Here, Day performed services that were valuable to Caton and Caton knew that he was preforming these services, and failed to object. Thus, a contract was formed.