110 ESSENTIALS OF VETERINARY LAW 
give credit.28 Or by refusal to deliver on other 
grounds.®® A refusal to deliver when the bailor 
tenders the amount legally covered by the lien 
serves as a waiver of the lien.*? This should be 
remembered in attempting to hold lien for past 
accounts, which the court might consider as inde- 
pendent matters. A notice to the owner to come 
and take his horse away is a waiver of lien for 
amounts due to the time of notice, and lien would 
only cover subsequent account.*! But, a notice to 
pay charges and remove would not be a waiver of 
lien. While it is presumed that the bailee will take 
such care of the animal as to preserve him in good 
condition, and that might necessitate the driving 
of a horse, for example, any use of the animal 
beyond what is necessary for the good keeping of 
the animal may be held to vitiate the right of 
lien.#” 
83. Lien Not a Right to Sell. The lien itself 
does not necessarily give the right of sale. (§§ 238, 
241.) Ordinarily the statutes provide for an 
orderly way of disposing of the property, generally 
by advertisement and public sale. If the bailee 
sells the animal, the owner may sue him for con- 
version, and recover the market value of the ani- 
mal sold, less the charges to the time of sale. All 
that is received by the bailee in the sale of bailed 
property, more than is covered by the lien, is the 
38 McMaster v. Merrick, 41 41 Hamilton v. McLoughlin, 
Mich. 505. 145 Mass. 20. 
39 Hamilton v. McLoughlin, 42Van Zile, Bailments and 
145 Mass. 20; Mexal v. Dear- Carriers, 87. 
born, 12 Gray, 336. 
40 Busfield v. Wheeler, 14 
Allen (Mass.), 139. 
