That the words “ex gratia” in a promise to make a payment, although indicating that pre-existing legal liability was not admitted, did not carry a necessary or even probable implication that the promise was intended to be without legal effect (post, p. 356); and, there being no special circumstances whereby such an implication could be given to the words, the company had failed to establish that the parties affirmatively intended not to enter into legal relations in respect of the company's promise to pay (post, p. 357). The plaintiff, therefore, was entitled to recover the contributions paid by the company to the fund for him.