47 Ga. App. 521 | Ga. Ct. App. | 1933
(After stating the foregoing facts.) The plaintiff in error contends that there is only one question of law in this case, and that is whether the plaintiff in error had the right to charge against the Oglethorpe Telephone Company his time, labor, and expenses. The Supreme Court having held that the case “involves only the question of whether the evidence would have authorized a recovery upon the theory of an implied contract,” this court is limited to a determination of that question. “The rule as generally stated is that where one renders beneficial services for another, the law ordinarily presumes a request and promise to pay what such services are reasonably worth, . . unless they were rendered under circumstances which repel this presumption. But the law will not imply a promise to pay for services contrary to the intention of the parties.” 20 Cyc. 2802. “There can be no recovery for services rendered voluntarily and with no expectation at the time of the rendition that they will be compensated, and this is true whether the services were or were not beneficial. Under such circumstances no obligation, whether legal or moral, is incurred. A subsequent change of intention by the parties performing the services does not alter the rule.” 15 Am. & Eng. Enc. Law (2d ed.), 1079. “A person can not be made a debtor whether he will or not for gratuitous services.” Id. 1080. The Civil Code (1910), § 5513, says that “Ordinarily, when one renders services or transfers property valuable to an
Judgment affirmed.