Welk (D) was an employee of Schlosser (P) who owned a company called Select-A-Video. D was terminated on October 5, 1987. As a general policy, employees were allowed to take tapes home for their personal use without checking them out or paying a rental fee. When D was terminated, she had eight tapes in her car. D took the tapes home and placed them in storage closet. She then rediscovered them while cleaning and had never watched them. D returned the tapes to the store on December 10, 1987. P sued D. The trial court found that an implied contract existed and that P was entitled to $549 for the rental of the tapes for the time she kept them. D appealed.

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