Northwest Preferred, Ltd. v. Williams , 184 Ga. App. 145 ( 1987 )

Sognier, Judge,

concurring specially.

I concur specially in Division 2 of this opinion. Quantum meruit involves an implied promise to pay the reasonable value of services rendered by one party when those services are accepted by a second party. OCGA § 9-2-7. There is no evidence in this case that Williams knew of the existence of BMS when he rendered his services on behalf of Northwest Preferred or that Williams knew of BMS’ connection with the benefits resulting from the performance of his services. Nor is there any evidence that the acceptance by BMS of the benefits of Williams’ services was intended to be or constituted in fact a ratification of Williams’ acts. The majority’s opinion seems to indicate that the mere receipt by BMS of the benefits of Williams’ services, without more, is sufficient to hold BMS liable for the reasonable value of those services. However, the courts of this State have recognized that “[w]here one without knowledge neither authorizes, consents to, nor ratifies another’s labor . . ., there is no duty imposed upon the one so benefited to make restitution. The reason is that in the absence of knowledge or authorization it would be unduly harsh to require the recipient’s return of the value of . . . services when the . . . services cannot themselves be returned. [Cits.]” Beavers v. Weatherly, 250 Ga. 546, 548 (299 SE2d 730) (1983).

Decided September 10, 1987. Fred L. Cavalli, for appellants. Ronald A. Lowry, for appellee.

I concur specially, however, because we are bound on appeal to construe the evidence with every inference and presumption being in favor of upholding the jury’s verdict. American Game &c. Svc. v. Knighton, 178 Ga. App. 745 (1) (344 SE2d 717) (1986). Thus, I find that the evidence showing Jackson to be the executive officer in both Northwest Preferred ánd BMS sufficient to support the inference that Jackson’s knowledge regarding Northwest Preferred’s authorization of Williams’ services was acquired in connection with BMS’ business and therefore was imputable to BMS. See generally Crosby v. Savannah Elec. &c. Co., 114 Ga. App. 193, 206 (150 SE2d 563) (1966); see also Archibald Hardware Co. v. Gifford, 44 Ga. App. 837, 838 (3) (163 SE 254) (1932). BMS was thereby rendered liable for the reasonable value of Williams’ services and, accordingly, the judgment on the jury verdict in regard to BMS must be affirmed.