Barron, a commercial contractor, was having financial problems as a result of problems on various projects. Barron and Lambert had a long-standing professional relationship based on public service on a state board. They talked by phone about Barron’s personal problems and financial difficulties. Barron sent various construction contracts and correspondence for Lambert’s review, and Lambert assisted in the arbitrator selection process. A week later, Lambert flew on Barron’s company plane to meet with Barron and his employee. Lambert alleged that before boarding the plane for home, Barron contracted with him for consulting services. He said his customary charge was $3,100/month for a minimum term of one year. He also charged 10 percent for any monies recovered for a client. 

After receiving Lambert’s invoice for $53,100, Barron made one payment, thinking it covered Lambert’s review of the documents and the trip, and no others. Lambert sent another invoice for $34,100, requesting payment for the services he had performed. Barron responded, “I received your bill last week and was very shocked. I do not know where you are coming from, and what you have done to think you deserve any kind of pay.” He pointed out Lambert had been paid for the trip and documents review and said he did not want to be a part of Lambert’s client list, nor had he asked for any advice since the trip. Lambert sued. Should Barron have to pay? Why?