Carter Morley and Erena Erickson live side by side in town homes
joined together by a shared wall. Both residences are in need of
new exterior paint. On Monday, Morley calls a painter, Tom
Sizemore, having selected his name from the classified section of
the phone directory. Morley describes his address, the physical
dimensions and structure of his home, and he 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 fourteen-hour day on
Friday, he would like to have the work completed in his absence. In
passing conversation with his neighbor Erickson, Morley advises her
of his “home improvement” plans. Early Friday morning, Sizemore and
his team arrive at the address, but by mistake, they begin work on
Erickson’s side of building. Although Erena 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 fresh-squeezed
lemonade and ham sandwiches, and they heartily accept. Upon
completion of the work at 7:00 p.m. Friday evening, Sizemore knocks
on Erena’s door and asks if “the man of the home” is present, that
he would like Morley to review the work and pay the agreed-upon
price for the work. Erena chuckles, and “breaks the news” that the
painting crew has made a mistake, one to her benefit. Erickson
proclaims “I do not owe you one dime, because you do not have a
contract with me; I will give you ten minutes to remove yourself
and your materials from my property, or I will call the police.” Do
Erickson and Sizemore have a contract? If so, why? If not, are
there any other theories of recovery available to Sizemore?