BAILMENT 279 
Where the 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.2° 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.”° 
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 until the oxen were returned.?* 
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 Ill. 54. 27 Learned Letcher Lumber 
26 Williams v. Frazier, 41 Co. v. Fowler, 109 Ala. 169, 19 
How. Pr. (N. Y.) 428. So. 396. 
