Steve is has operated an excavating service for 25 years


Please consider the following facts and questions:

Steve is has operated an excavating service for 25 years. Joe is a young man who wants to learn the business in hopes of starting his own someday. At least twice a week, Joe will stop by Steve's job site, talk a while with Steve, and perform minor repairs on Steve's equipment. Joe has never asked for or received pay for what he does. While at a diner with several other people, Steve tells Joe that he appreciated everything Joe has done so much that he was going to give Joe his old backhoe when he bought a new one. While Joe did not say anything, he was very excited and worked extra hard every time he was at Steve's site. When Steve bought a new backhoe, he sold the old one instead of giving it to Joe. When Joe found out, he decided to sue Steve. Is there a contract in this story? What type(s) of claim might he plead and what will he have to show to be successful in recovering damages from Steve?

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