Assignment task: Contract Law
Carter Morley and Rena Erickson live side by side in townhomes with a shared wall. Both residences are in need of new exterior paint. On Monday, Morley calls a painter, Jerome Sizemore, having selected his name from the phone book. Morley provides his address, the physical dimensions and structure of his home, and agrees with Sizemore that the work will be performed that Friday. Sizemore estimates that with his crew of five, and given the relatively small size of the home, the work will only take one day to complete. Morley advises that although he will have to work a 14-hour day on Friday, he would like to have the work completed in his absence. In passing conversation with Erickson, Morley advises her of his plans.
Early Friday morning, Sizemore and his team arrive, but by mistake, they begin work on Erickson's side of building. Although Erickson is home, she does not object to the work, nor does she inform Sizemore and his crew of the mistake. Midway through the day, she offers them freshly squeezed lemonade and ham sandwiches, and they heartily accept.
Upon completion of the work on Friday evening, Sizemore knocks on Erickson's door and asks if "the man of the home" is present, for he would like Morley to review the work and pay him. Erickson chuckles and breaks the news that the painting crew has made a mistake. She proclaims, "I do not owe you a dime, because you don't have a contract with me. You have 10 minutes to remove yourself and your materials from my property, or I will call the Police".
1. Do Erickson and Sizemore have a contract?
2. If so, why?
3. If not, are there any other theories of recovery available to Sizemore?