BAILMENT 289 
previous to the sale, if the animal be sold without 
such notice the owner can recover possession with- 
out paying the lien.7 
240. Waiver of Lien. As a general rule a lien 
is lost when the bailee parts voluntarily with pos- 
session; he abandons his lien thereby.7* But if 
an agister temporarily leaves the stock to be 
herded by another, and the stock be driven off 
by the owner in his absence, the lien is not lost.”7 
A tender of the amount really due under the lien 
extinguishes the lien, though the bailee may sue 
for the larger amount claimed.78 As previously 
mentioned, a lien may be lost by putting the ani- 
mal to work, or by unlawful sale. The lien is also 
lost by refusal to deliver on some other ground, or 
by an agreement to give credit, or by sending word 
simply to come and get the animal held. (§ 82.) 
241. Illegal Sale by Bailee. The finder of an 
article lost has a title thereto subject only to the 
right of the owner; but a bailee has no real title 
to the things in his possession. If, therefore, the 
bailee should unlawfully sell animals in his pos- 
session he can give no title thereto, and the owner 
may recover possession from the third party, who 
may have been a bona fide purchaser, who may 
have bought in ignorance of the vendor’s lack of 
75 Bailey v. O’Fallon, 30 Col. 
419, 70 Pac, 755. 
76 Fishell v. Morris, 57 Conn. 
547, 18 Atl. 717; Wright v. 
Waddell, 89 Iowa, 350, 56 N. 
W. 650; Danforth v. Pratt, 42 
Me. 50; McPherson First Nat. 
Bank v. Barse Live 8. Com. Co., 
61 Mo. App. 143; Powers v. 
Botts, 58 Mo. App. 1; Kroll v. 
Ernst, 34 Neb. 482, 51 N. W. 
1032; Cardinal v. Edwards, 5 
Nev. 36. 
77 Willard v. Whinfield, 2 
Kas. App. 53, 43 Pac. 314; 
Weber v. Whetstone, 53 Neb. 
371, 73 N. W. 695. 
78 Berry v. Tilden, 70 Mo. 
489, 
