Ryder v. Frost - 3 La. Ann. 523 (1848)

Rule:

It is not indispensable that the consent to be bound by a proposition or contract should be express. La. Civ. Code art. 1805. It may be implied. An implied consent may be manifested by actions.

Facts:

Ryder and Frost operated a commercial business together. After the dissolution of the business, Ryder undertook to settle the affairs of the business and gave Frost a bond of indemnity to hold him harmless against all the partnership debts. One of the business's creditors proposed to compromise the $ 6,000 debt owed it by taking $ 2,000 in cash. Ryder wrote Frost to ask if the latter would contribute $ 1,000 for the payment of the agreed amount of the compromise. Frost stated that he would not pay anything toward the creditor's demand, but indicated that he would give Ryder $ 500 in aid of liquidation of the demand. After the debt was paid, Ryder filed suit against Frost to recover the $ 500. The trial court entered judgment for Frost. Ryder appealed.

Issue:

Under the circumstances, was Ryder entitled to recover $500 from Frost?

Answer:

Yes.

Conclusion:

On appeal, the court held that Frost unequivocally manifested his consent to pay the $ 500. There was a proposition by Frost and an assent or acceptance of that proposition by Ryder. The court noted that there was no express requirement that Ryder was to accept Frost’s proposition, or notify the latter of such acceptance, within a given time. Accordingly, the court reversed the judgment of the trial court.