NATURE OF BAILMENT. 421 



to be trained must take such care of it as an ordinarily prudent 

 person would take of his own property.^^ 



If A. delivers cattle to B. who promises to re-deliver them 

 within one year with the natural increase and to pay for such 

 as should be lost or destroyed, this is letting the cattle for a 

 valuable consideration, viz., the return of the increase, and 

 not a mere naked bailment. ^^ 



A contract by which a yoke of cattle was delivered to a 

 hirer "to keep and use in a farmer-like manner for one year" 

 and then to return them, with the privilege of paying an 

 agreed price and keeping them, the hire being paid at the 

 time, was held to be a bailment, not a conditional sale.-^^ So, 

 where A. delivered to B. two colts under a contract that 

 B. should keep and sell them before a certain date for A., 

 who fixed the minimum price, — if not, that he should return 

 them in good condition.^* 



Where A., having found out the price of B.'s horse, asked 

 to take and try it, promising to return it in good condition 

 if he did not like it, and the horse was delivered by B. to A.'s 

 servant, but, on the way to the latter's house and without the 

 servant's fault, escaped, was injured and was not tried by 

 A. or returned to B., it was held that an action for the price 

 could not be maintained, as the contract was one of bailment, 

 not of sale.^^ 



Where B. undertook to transport A.'s cattle to his farm at 

 his expense and there care for them for some weeks in order 

 that they might be profitably marketed by A., and agreed 

 that they should not deteriorate in fiesh or condition, that he 

 would pay for all losses, and employ at his own expense a 

 herdsman selected by A., and be compensated by the money 



" Kimball V. Dahoney (Ky.), 38 S. W. Rep. 3. 

 ^ Putnam v. Wyley, 8 Johns. (N. Y.) 432. 



" Chamberlain v. Smith, 44 Pa. St. 431. And see Colton v. Wise, 7 111. 

 App. 3QS- 

 "Middleton v. Stone, in Pa. St. 589. 

 ^° Hunt V. Wyman, 100 Mass. 198. 



