Supreme Court of Idaho
563 P.2d 48 (1977)
In 1972, V.H. Gafford (defendant) asked Leo Bastian (plaintiff) if he would be interested in building an office building on part of Gafford’s land. Bastian orally agreed to construct the building and began drafting the plans. After the plans were substantially complete, Gafford sought financing for the construction project from First Federal Savings and Loan Association of Twin Falls (the Association). The Association denied financing unless Gafford received a firm bid for the project from a contractor. Gafford contacted Bastian, who refused to submit a firm bid and would only proceed with the project on a cost-plus basis. Gafford then hired another architect to draw a second set of plans and employed another contractor to construct the building. Bastian filed a lien upon Gafford’s real property for $3,250 based on the amount of goods and services rendered in drawing up the plans. Bastian then brought suit to foreclose the lien on the ground that an implied-in-fact contract had been created for his services. The trial court ruled for Gafford on the ground that Gafford had not been unjustly enriched because he never used the plans drafted by Bastian. Bastian appealed, alleging the trial court failed to distinguish between a quasi-contract, which requires unjust enrichment for recovery, and a contract implied in fact, which does not.
Rule of Law
Holding and Reasoning (Donaldson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 199,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.