AGISTMENT. 439 



to the river, it was held that he was entitled to the expense 

 so incurred, if he used reasonable care, and that he was not 

 bound to inquire whether another company could supply the 

 water, unless he knew such facts as would have put a prudent 

 man on inquiry.^^^ Where the owner of cattle, in conse- 

 quence of the defendant's breach of contract to furnish dis- 

 tillery slop to fatten them, was compelled to sell them at a. 

 sacrifice, he may recover the reasonable profits he would 

 have made if the contract had been carried out.^^^ 



An action against an agistor to recover damages is an 

 action founded on tort.^^" 



While the defendant was in possession of land as care-taker 

 or tenant at will, the owner put his cattle thereon to be fed 

 and cared for by the defendant. It was held that the produce 

 of the land which the cattle ate was "profits'" which the 

 owner, by means of his cattle, took to himself for his own 

 use and benefit and, as long as the cattle were upon the land, 

 the defendant was not in exclusive possession and the Statute 

 of Limitations did not begin to run in his favor.^^^ 



105. lien of Agistors and Trainers — The common-law prin- 

 ciple governing liens was thus laid down by Parke, B., in 

 Jackson v. Cummins : ^*^ "The general rule ... is that by^ 

 the general law, in the absence of any special agreement^ 

 whenever a party has expended labor and skill in the im- 

 provement of a chattel bailed to him, he has a lien upon it.. 

 Now the case of agistment does not fall within that principle, 

 inasmuch as the agistor does not confer any additional value 

 on the article, either by the exertion of any skill of his own, 

 or indirectly by means of any instrument in his possession;. 

 ... he simply takes in the animal to feed it." 



•"Waco Artesian Water Co. v. Cauble (Tex. Civ. App.), 47 S. W.. 

 Rep. 538. 

 •" New Market Co. v. Embry (Ky.), 48 S. W. Rep. 980. 

 ""Turner I'. Stallibras, [1898] 1 Q. B. 56. 

 '" Rennie v. Frame, 29 Ont. 586. "' 5 M. & W. 342. 



