2021 Georgia Code
Title 9 - Civil Practice
Chapter 2 - Actions Generally
Article 1 - General Provisions
§ 9-2-7. Implied Promise to Pay for Services or Property

Ordinarily, when one renders service or transfers property which is valuable to another, which the latter accepts, a promise is implied to pay the reasonable value thereof. However, this presumption does not usually arise in cases between very near relatives.

(Civil Code 1895, § 4936; Civil Code 1910, § 5513; Code 1933, § 3-107.)

- For article discussing quantum meruit actions by attorneys against clients, see 16 Ga. St. B.J. 150 (1980). For note, the voluntary-payment doctrine in Georgia, see 16 Ga. L. Rev. 893 (1982). For comment on Cooper v. Cooper, 59 Ga. App. 832, 2 S.E.2d 145 (1939), see 2 Ga. B.J. 41 (1939). For comment advocating liberal construction of indefinite employment contract, in light of Gray v. Aiken, 205 Ga. 649, 54 S.E.2d 587 (1949), see 1 Mercer L. Rev. 304 (1950).

ANALYSIS

• General Consideration
• Implied Promises, Generally
• Implied Promises Between Relatives
• Money Had and Received
• Application

RESEARCH REFERENCES

Am. Jur. 2d.

- 17A Am. Jur. 2d, Contracts, § 368 et seq. 66 Am. Jur. 2d, Restitution and Implied Contracts, §§ 2 et seq., 37 et seq., 48.

21B Am. Jur. Pleading and Practice Forms, Restitution and Implied Contracts, § 2.

- 17 C.J.S., Contracts, §§ 6, 688.

- Action on implied contract arising out of fraud as within statutes of limitation applicable to fraud, 3 A.L.R. 1603.

Right of real estate broker to commissions where he was unable to procure an offer of the owner's price from one whom he interested, and who subsequently, without his intervention, purchased at that price, 9 A.L.R. 1194.

Liability of husband for services rendered by wife in carrying on his business, 23 A.L.R. 18.

Presumption as to gratuitous character of services of relative in caring for children of one not of same household, 24 A.L.R. 962.

Implied contract to reimburse one for expense of trip taken at request of relative, 24 A.L.R. 973.

Liability for or on account of services rendered under erroneous impression as to parentage induced by fraud or mistake, 33 A.L.R. 681.

Right to compensation for board furnished to relatives of wife, 36 A.L.R. 677.

Recovery by one who has breached contract for services providing for share in proceeds or profits as compensation, 40 A.L.R. 34; 57 A.L.R. 1037.

Liability of municipal corporation upon implied contract for use of property which it received under an invalid contract, 42 A.L.R. 632.

Implied contract or employment of real estate broker to procure customer, 43 A.L.R. 842; 49 A.L.R. 933.

Recovery on quantum meruit by one who breaches contract to serve or support another for life, 47 A.L.R. 1162.

Judgment in action for services of physician or surgeon as bar to action against him for malpractice, 49 A.L.R. 551.

Circumstances other than relationship of parties which repel interference of an agreement to pay for work performed at one's request, or with his acquiescence, 54 A.L.R. 548.

Right of purchaser of mortgaged chattels to allowance as against mortgagee on account of value added by former's services or expenditures, 55 A.L.R. 652.

Vendee's right to recover amount paid under executory contract for sale of land, 59 A.L.R. 189; 102 A.L.R. 852; 134 A.L.R. 1064.

Right of one who pays taxes for which another is bound, to subrogation to the right of the taxing power, 61 A.L.R. 587; 106 A.L.R. 1212.

Recovery back of public money paid by mistake, 63 A.L.R. 1346.

Right of subrogation of owner of undivided interest in real property who pays sole debt of the owner of another undivided interest therein, 64 A.L.R. 1299.

Absence from, or inability to attend, school or college as affecting liability for, or right to recover back payments on account of, tuition or board, 69 A.L.R. 714.

Payments made under unenforceable contract as applicable in reduction of amount recoverable on quantum meriut, 76 A.L.R. 1412.

Right of attorney to recover upon quantum meruit or implied contract for services rendered under champterous contract, 85 A.L.R. 1365.

Right of one who by mistake pays taxes to recover against person benefited by payment, 91 A.L.R. 389.

Nontort liability of third person who receives money or property in supposed performance of contract, to party to contract who was entitled thereto, 106 A.L.R. 322.

Decedent's agreement to devise, bequeath, or leave property as compensation for services, 106 A.L.R. 742.

What amounts to acceptance by owner of work done under contract for construction or repair of building which will support a recovery on quantum meruit, 107 A.L.R. 1411.

Liability of municipality or other governmental body on implied or quasi contracts for value of property or work, 110 A.L.R. 153; 154 A.L.R. 356.

Right of true owner to recover proceeds of sale or lease of real property made by another in the belief that he was the owner of the property, 133 A.L.R. 1443.

Principal's right to recover commissions paid by him or by third person to unfaithful agent or broker, 134 A.L.R. 1346.

Past services by relative or member of family as consideration for note or other executory obligation, 140 A.L.R. 491.

What amounts to waiver of termination of real estate broker's contract, 140 A.L.R. 1019.

Necessity and sufficiency of pleading defense of family relationship in action on implied contract for services rendered, 144 A.L.R. 864.

Real estate broker's right to compensation as affected by death of person employing him, 146 A.L.R. 828.

Seller's, bailor's, lessor's, or lender's knowledge of the other party's intention to put the property or money to an illegal use as defense to action for purchase price, rent, or loan, 166 A.L.R. 1353.

Recovery for services rendered by member of household or family other than spouse without express agreement for compensation, 7 A.L.R.2d 8; 92 A.L.R.3d 726; 94 A.L.R.3d 552.

Remedies during promisor's lifetime on contract to convey or will property at death in consideration of support or services, 7 A.L.R.2d 1166.

Performance of work previously contracted for as consideration for promise to pay greater or additional amount, 12 A.L.R.2d 78.

Measure of damages for fraudulently procuring services at lower rate or gratuitously, 24 A.L.R.2d 742.

Right of infant who repudiates contract for services to recover thereon or in quantum meruit, 35 A.L.R.2d 1302.

Compensation for improvements made or placed on premises of another by mistake, 57 A.L.R.2d 263.

Admissibility of evidence of value or extent of decedent's estate in action against estate for reasonable value of services furnished decedent, 65 A.L.R.2d 945.

What constitutes acceptance or ratification of, or acquiescence in, services rendered by attorney so as to raise implied promise to pay reasonable value thereof, 78 A.L.R.2d 318.

Recovery on quantum meruit where only express contract is pleaded, under Federal Rules of Civil Procedure 8 and 54 and similar state statutes or rules, 84 A.L.R.2d 1077.

Attorney's recovery in quantum meruit for legal services rendered under a contract which is illegal or void as against public policy, 100 A.L.R.2d 1378.

Person performing services as competent to testify as to their value, 5 A.L.R.3d 947.

Implied obligation not to use trade secrets or similar confidential information disclosed during unsuccessful negotiations for sale, license, or the like, 9 A.L.R.3d 665.

Price fixed in contract violating statute of frauds as evidence of value in action on quantum meruit, 21 A.L.R.3d 9.

Failure of artisan or construction contractor to comply with statute or regulation requiring a work permit or submission of plans as affecting his right to recover compensation from contractee, 26 A.L.R.3d 1395.

Liability of one requesting medical practitioner or hospital to furnish services to third party for cost of services, absent express undertaking to pay, 34 A.L.R.3d 176.

Judgment in action on express contract for labor or services as precluding, as a matter of res judicata, subsequent action on implied contract (quantum meruit) or vice versa, 35 A.L.R.3d 874.

Invasion of privacy by radio or television, 56 A.L.R.3d 386.

Amount of attorney's compensation in absence of contract or statute fixing amount, 57 A.L.R.3d 475; 59 A.L.R.3d 152, 17 A.L.R.5th 366.

Building and construction contracts: right of subcontractor who has dealt only with primary contractor to recover against property owner in quasi contract, 62 A.L.R.3d 288.

Enforceability of contract to make will in return for services, by one who continues performance after death of person originally undertaking to serve, 84 A.L.R.3d 930.

Enforceability of voluntary promise of additional corporation because of unforeseen difficulties in performance of existing contract, 85 A.L.R.3d 259.

Limitation to quantum meruit recovery, where attorney employed under contingent fee contract is discharged without cause, 92 A.L.R.3d 690.

Establishment of "family" relationship to raise presumption that services were rendered gratuitously, as between persons living in same household but not related by blood or affinity, 92 A.L.R.3d 726.

Recovery for services rendered by persons living in apparent relation of husband and wife without express agreement for compensation, 94 A.L.R.3d 552.

Unexplained gratuitous transfer of property from one relative to another as raising presumption of gift, 94 A.L.R.3d 608.

Absence from or inability to attend school or college as affecting liability for or right to recover payments for tuition or board, 20 A.L.R.4th 303.

Excessiveness or adequacy of attorneys' fees in matters involving real estate - modern cases, 10 A.L.R.5th 448.

Excessiveness or adequacy of attorney's fees in domestic relations, 17 A.L.R.5th 366.

Limitation to quantum meruit recovery, where attorney employed under contingent-fee contract is discharged without cause, 56 A.L.R.5th 1.