534, 41 Atl. 1026: Linn v, Ross, 10 Ohio, 414, 36 Am. Dec. 95; Peonle v. Speir, 77 N. Y. 150; O’Brien v. Young. 95 N. Y. 432, 47 Am. Rep. 64. But obligations of this kind are not properly contracts at all, and should not be so denominated. There can be no true contract without a mutual and concurrent intention of the parties. Such obligations are more properly described as “quasi contracts.” Willard v. Doran, 48 Hun, 402, 1 N. Y. Supp. 588;