AGISTMENT. 437 



their cattle are exposed on his land.^^^ He is bound to know 

 about the health of the animals he takes and if he knows of 

 their having a contagious disease and neglects to inform 

 - a customer of the fact, whose horse takes the disease and 

 dies, he is liable for its value, though the contract of pasturage 

 is void because entered into on Sunday. ^^^ On the other 

 hand, where the agistor was to receive as compensation part 

 of the wool and increase of sheep and the fact was fraud- 

 ulently concealed from him that some of them were diseased, 

 it was held that he was entitled as damages to the cost in time 

 and expense of caring for them, including that required by 

 the disease, less any profits realized under the contract.^'* 



Under a contract to pasture for a term not longer than 

 eight months, the owner reserving the right to remove the 

 animals whenever he was liable to loss from lack of food or 

 water, paying for the expired time, it was held that the agistor 

 did not bind himself to pasture for the full eight months but 

 might recover for the time actually used."^ 



If the agistor sells the agisted animals without authority or 

 reason to suppose he had authority, he is guilty of larceny 

 as bailee. ^^'^ Where by the contract he has authority to 

 sell them to pay the expenses of keeping, he has the right 

 to sell as many as will pay the debt : to sell more is a conver- 

 sion.i^i It has been held that the proprietors of a stock- 

 yard, whose business it is to furnish temporary accommoda- 

 tion for animals, are authorized to sell such stock, when the 

 owner cannot be found, for his account.^^^ The agistor has 

 no authority to pledge the animals, and a farmer who received 



"" McLain v. Lloyd, 5 Phila. (Pa.) 19S. 



"' Costello V. Ten Eyck, 86 Mich. 348. 



"' Parker v. Marquis, 64 Mo. 38. "" Meuly v. Corkill, 75 Tex. 599. 



''" Reg. V. Leppard, 4 F. & F. si- 

 He is not guilty of larceny at common law. See § 51, supra. 



'"' Whitlock V. Heard, 13 Ala. 776. 



'== Millcreek Tp. v. Brighton Stock Yards Co., 27 O. St. 435. See, as to 

 their responsibilities, Union Stock Yard & T. Co. v. Mallory, etc., Co., 

 IS7 111. SS4- 



