n16 "Contracts may be express or implied. These terms however do not denote different kinds of contracts, but have reference to the evidence by which the agreement between the parties is shown.  If the agreement is shown by the direct words of the parties, spoken or written, the contract is said to be an express one. But if such agreement can only be shown by the acts and conduct of the parties, interpreted in the light of the subject matter and of the surrounding circumstances, then the contract is an implied one." (Skelly v. Bristol Sav. Bank (1893) 63 Conn. 83 [26 A. 474], quoted in 1 Corbin, Contracts (1963) p. 41.) Thus, as Justice Schauer observed in Desny v. Wilder (1956) 46 Cal.2d 715 [299 P.2d 257], in a sense all contracts made in fact, as distinguished from quasi-contractual obligations, are express contracts, differing only in the manner in which the assent of the parties is expressed and proved. (See 46 Cal.2d at pp. 735-736.)