BAILMENT 279 



Where tlie contract called for the return of sheep 

 in good marketable condition, and it was shown 

 that the sheep were diseased when bailed, it was 

 held that the contract be understood to mean in as 

 good marketable condition as could reasonably be 

 expected.^^ Where the sheep were to be returned 

 in the same condition as they were received, and 

 they were returned pregnant, and began dropping 

 their lambs in winter, and in consequence some 

 died, it was held to be no breach of contract when 

 it was shown that they were delivered to the bailee 

 pregnant, and dropped lambs in January and 

 February. 2*^ 



In a contract to pay a dollar a day for the use 

 of oxen, and feed and take care of them, it was 

 held that payment must be made for the days 

 worked, and that the feed and care must be given 

 for the entire time imtil the oxen were retumed.^'^ 



232. Conversion. It is an important and essen- 

 tial element in a contract of bailment that the 

 bailee shall return the article bailed to the bailor 

 upon proper demand. Any act of the bailee which 

 shall interfere with such return is conversion. The 

 bailee may wrongfully sell the animal; he may 

 wilfully or negligently kill it or he may appropri- 

 ate it to his own use unlawfully. Upon any of 

 these events the bailor may terminate the bail- 

 ment and make demands for the return. If the 

 animal be sold he may recover possession, by 

 replevin or otherwise, and let the innocent pur- 

 chaser hunt for his satisfaction from the bailee. 



25 Peck V. Brewer, 48 111. 54. -'> Learned Letcher Lumber 



20 Williams v. Frazier, 41 Co. v. Fowler, 109 Ala. 169, 19 

 How. Pr. (N. y.) 428. So. 396. 



