USE OF HORSE OX HIRE BY AGREEMENT, 95 



70. Obligations of the Lessee. — The lessee is bound to 

 pay the stipulated bire, with deduction, if any, for temporary 

 or partial deprivation of the use due to defect of the animal 

 or vehicle, or to the fault of the lessor ; (a) to take only the 

 stipulated or implied use of it according to the contract ; to 

 indemnify the lessor for excessive use ; to take good care of 

 it, and to return it when the occasion or period is over. (6) 



The same rules which are applicable to payment in sale,(c) 

 apply in the case of hiring, the general rule being that pay- 

 ment is due on returning the horse in the absence of express 

 stipulation to the contrary. 



71. Use of Horse on Hire by Agreement. — When the use 

 is the subject of express agreement it is limited thereby. 

 Thus, a merchant was held liable for the price of a horse killed 

 by overburden, it being admitted that the " packs " were to be 

 sixteen stones, whereas the animal w^as loaded with twenty- 

 one stones. (fZ) Again, it w^as found relevant to infer resjDon- 

 sibility that a horse was over-ridden by galloping, and that 

 having been hired to go to Stirling it was further ridden to 

 Dunblane. (e) In another case, a horse was hired at Edin- 

 burgh to go to Whitburn, and the hirer started riding it, but 

 got into a stage-coach, and the horse was ridden alongside 

 of it for several miles. He then got out and rode the horse 

 on to Glasgow. Next morning he rode it back to Edin- 

 burgh, and within three miles thereof the horse was seized 

 with flux, and was unable to travel farther. The lessee was 

 found liable for the value of the horse. (/) Again, a party 

 who hired a pair of horses and a coach to take recruits from 

 Glasgow to Whitburn, but no further, and proceeded to 

 Edinburgh, was found liable for the value of the horses, 

 which died from over-fatigue. (^) 



(«) Ersk. Hi. 3, 16. (6) § 74. (c) §§ 10-11. 



(d) Straiton, 1610, M. 3148. 



(e) Moffat, 1624, M. 10,073 (Over-riding). 

 (/) Shaiv V. Donaldson, 1792, Hume, 297. 



(f/) Gardeners v. M'Donald, 1792, Hume, 299. 



