Grant Borman, who is managing a construction project, leased a crane from Allied Equipment, Inc., and hired Crosstown Trucking Co. to deliver the crane to the construction site. Crosstown, while the crane was in its possession and without permission from either Borman or Allied Equipment, used the crane for three hours to install a transformer for a utility company, which paid Crosstown for the job. Crosstown then delivered the crane to Borman’s construction site at the agreed upon time of delivery. When Allied Equipment learned of the unauthorized use of the crane by Crosstown, it sued Crosstown for damages, seeking to recover in quasi contract the rental value that Allied Equipment would have been paid for the use of the crane. How will the trial court judge hearing this case analyze the following questions? [4 points available.]
Should a liability under quasi contract be imposed on Crosstown?
If Allied Equipment can recover in quantum meruit for Crosstown’s unauthorized use of the crane, what is the appropriate amount of recovery?