A large old brick building is being torn-down by a large well known contractor, and the bricks are just being thrown in a ditch by the road,…

A large old brick building is being torn-down by a large well known contractor, and the bricks are just being thrown in a ditch by the road, apparently for disposal. A builder of small brick buildings on the outskirts of town notices two teenagers sitting in a large pickup truck, eating lunch, and watching the bricks being thrown into the ditch. The builder walks up to the teenagers and says, “if you guys will gather up those bricks being thrown in the ditch, put them in your truck, and deliver to my construction site at 1240 Oak Street, I will give you 6 cents a piece for the bricks”. The teenagers just smile and keep on eating their lunch. The builder leaves and goes back to 1240 Oak Street, where his crew is assembling a small brick building. At 4:00 PM that afternoon, the two teenagers drive up to 1240 Oak Street with their pickup truck loaded with bricks. They go up to the builder and say, “okay we are delivering 8,000 bricks, so at 6 cents per brick, you owe us $480”. The builder laughs and says, “I don’t really need them, you should just take them back and dump them in the ditch”.

Do you think the teenagers have a contractual claim against the builder that they can recover on in court?

How should they proceed?

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