The second class of contracts are called EXPRESS AND IMPLIED
CONTRACTS. By an EXPRESS CONTRACT is meant one that is made either in
writing or in words. But the reader may ask, Are not all contracts of
this kind? By no means. Many contracts exist between people which have
not been put into words. Suppose A should ask B for employment and it
should be given to him, but no word should pass between them about the
price to be paid. The law would _imply_ that B must pay him whatever
his work was reasonably worth. If A should come at the end of the week
for his pay and B should say to him: "I never made any bargain with
you concerning the price, and I am unwilling to pay you anything," A
could, if he understood the law, say to B: "You told me to work, and
the law _implies_ that you must pay me whatever my work is worth." How
much would the law give him for his work? Just what the employer was
paying other men for the same kind of work.

Another class of contracts are called EXECUTED and EXECUTORY. An
EXECUTED CONTRACT is one that is finished, done, completed. If I
should go into a store and ask the price of a book and say to the
salesman, "I will take it," and give him the money, and take the book
with me, this would be an executed contract. An EXECUTORY CONTRACT is
one that is to be completed. Suppose the salesman did not have the
book and I should say to him, "Please get it for me and I will come in
next week and pay you for it," this would be an executory contract;
and it would remain so until I came in and got the book, as I had
promised to do, and paid the price.

These are the three most general classes of contracts made by persons
in daily life. Almost all persons make contracts of each kind during
their lives. Sealed contracts are not as common as unsealed ones, yet
they are frequently made. Every deed for the sale of land or lease for
the use of it is a sealed contract.

II. THE PARTIES TO A CONTRACT

To every contract there must be two or more persons or PARTIES. When
Robinson Crusoe was on his island all alone, eating breadfruit and
entertaining himself by throwing stones at the monkeys, he perhaps had
a good time, but he could not make any contracts. But as soon as
Friday came along they could make contracts, trade, and cheat each
other as much as they pleased. A contract, therefore, is one of the
incidents of society. A person sailing in a balloon alone could not
make a contract, but if two were in the bask