BAILMENT 277 
would it be a gift, or aloan? The question could 
only be answered by coérdinating facts. The let- 
ting of a flock of sheep for a year is a virtual sale. 
A yoke of oxen hired for a month is a bailment; 
the same oxen must be returned. 
There are so many possible questions which may 
arise in the bailment of animals that for mutual 
protection the contract should be in writing, in 
the form of a contract, if the bailment is to con- 
tinue for some time. The contractual form is 
always to be preferred, but for short terms a re- 
ceipt, stating terms as understood, would be suffi- 
cient. (See § 80.) 
230. Bailee’s Right to Use Property Bailed. 
The right of the bailee to make use of the prop- 
erty bailed must depend upon the exact terms of 
the agreement. Where the animals are hired out 
to the bailee, or where he is keeping them as an 
accommodation for the bailor, it is understood, in 
the absence of any special agreement to the con- 
trary, that the bailee may use them as if they were 
his own.!8 When the bailee is being paid for the 
care of the animals, in the absence of a supple- 
mentary agreement, it is understood that he is 
expected to give them ordinary care, and that he 
will not use them. Should he make use of them 
he may be held liable for damages. Such a rul- 
ing would probably not be made for the use of the 
milk of a milch cow, for proper care would require 
the milking, and the milk is not of a nature fit for 
preservation. However, if the contract calls for 
18 Van Zile, Op. cit. 45. 
19 Collins v. Bennett, 46 N. 
Y. 490; Van Zile, Op. cit. 46. 
