159 Minn. 226 | Minn. | 1924
Action by plaintiff to recover the reasonable value of transporting certain children to and from a schoolhouse in defendant district during the autumn of 1922. There was a directed verdict for defendant and plaintiff appeals from the order denying his motion for a new trial.
For a period of several years ending in June, 1922, plaintiff had been employed by defendant to transport to and from one of its schoolhouses certain of the children in attendance there. That work had been done under written contracts, the last one covering the school year of 1921-1922.
In the absence of any express contract, the effort is made to recover on a quantum meruit. But there can be no such recovery here. It is a case where one of the parties has very definitely refused to contract at all. Therefore, it cannot be said that the conduct of the party so refusing (the school district) is the expression of contractual consent to the rendition of plaintiff’s services in such a manner that the latter is entitled to recover. In other words, it is not a case where a contract can be implied from the action of the parties. That is only another way of saying that their conduct does not express a contract.
Neither is it a case for the imposition upon defendant of a quasi-contractual obligation. There was no request by it that the services be performed. So far as it took any corporate action, it decided that the services should not be performed. Therefore, plaintiff must be considered as a mere volunteer and denied recovery. For him, the result is unfortunate, but his loss is attributable solely to his failure to take the simple precaution of making sure of his position before the beginning of his work in September, 1922.
There is no room here for the application of the principle of such cases as First National Bank v. Village of Goodhue, 120 Minn. 362, 139 N. W. 599, 43 L. R. A. (N. S.) 84; Laird Norton Yards v. City of Rochester, 117 Minn. 114, 134 N. W. 644, 41 L. R. A. (N. S.) 473, and Town of Balkan v. Village of Buhl, 158 Minn. 271, 197 N. W. 266. In each of those cases the defendant municipality intention
Neither is there any estoppel operative against defendant. It made no representation nor did it take any action upon which plaintiff had a right to rely.
Order affirmed.