BAILMENT 269 
is a bailee of mares brought to his stallion, so long 
as they are in his care. The butcher is the bailee 
of cattle which he slaughters for another, and the 
man who distrains cattle found trespassing upon 
his property, or who impounds stray animals, is 
a bailee. (See § 79.) 
221. Baidment a Contract. Every act of bail- 
ment is under a contract, implied or expressed. If 
the exact terms are not fixed beforehand they must 
be determined by common or statutory law. There 
is always this one point found in bailment, namely, 
that the bailee agrees to return the article bailed 
upon the proper demand of the bailor. In the bail- 
ment of animals it is further agreed that the bailee 
must feed and care for the stock surrendered to 
his care, and that he shall use due diligence to see 
that they are not injured in any way. Clearly, if 
the stock do not need feeding while he has them 
in charge, he cannot be expected to do so. The 
man hiring a livery team for a couple of hours 
would not be expected to feed them in that time, 
but if he kept them for the entire day he would 
be negligent were he to neglect to give them food 
and water. 
222. Bailor May Not Be Owner. The bailor 
need not, necessarily, be the owner of the thing 
bailed. He may himself be a bailee to whom the 
owner has entrusted the animal, as a servant may 
be sent with a horse to the smithy; or the bailor 
may have stolen the animal. In the case of a serv- 
ant, acting for his employer, the employer may be 
recognized as the real bailor. It is the duty of the 
bailee to deliver the animals bailed to the bailor, 
and if he should deliver to any one else he may be 
