Contracts are express or implied.
I ask you to lend me one hundred dollars, without saying a word you put your hand in your pocket, and deliver me the money. By this act he doubtless becomes responsible to me as a bailee. If a citizen pursued any stolen goods into a neighbor's house, he concealed his nakedness with a linen towel, and hid his. In a civil action, the plaintiff touched the ear of his witness seized his reluctant adversary by the neck and implored, in solemn lamentation, the aid of his fellow-citizens. This occult science of the words and actions of law, was the inheritance of the pontiffs and patricians.