Gage v. Gage

“ There is a large class of contracts called implied contracts, which rest merely on construction of law, and in which there is, properly speaking, no assent of the parties to the terms by which they are bound. What the law looks to in these cases is, not the agreement of the parties, but their circumstances or acts; and from their circumstances or acts the law raises the duty and implies the promise by which, in the individual case, the party will be bound. In the case of an express contract, the law measures the extent of each party’s duty by the terms to which he has expressly agreed; in…