One inferred from the acts or conduct of the parties, instead of being expressed by them in written or spoken words; one inferred by the law where the conduct of the parties with reference to the subject-matter is such as to induce the belief that they intended to do that which their acts indicate they have done. Bixby v. Moor, 51 N. H. 403 : Cuneo v. De Cuneo, 24 Tex. Civ. App. 430, 59 S. W. 2S4.