Boots v. Thompson

Citations

• 110 Kan. 69
• 202 P. 589
• 1921 Kan. LEXIS 164

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bailment of Cattle — Contract—Performance by Bailee. The'findings of the jury as to the terms and conditions of a bailment of cattle and of performance of these terms and conditions by the bailee are held to be supported by sufficient evidence.</p> <p>2. Bailment of'Cattle — Bailment Terminated by Terms of Contract — Cattle Not Removed by Bailor — Responsibility of Bailee After Termination of Contract of Bailment. A bailment of cattle under which the bailee was to receive, pasture, and care for them until a time fixed in the contract, and then to produce them, dead or alive, or pay the value of those not produced, terminated at the expiration of the time limited; and where the bailor did not take his cattle away at the prescribed time, but sent a notice to the bailee that he would come and make a further arrangement to care for them for a longer time, but failed to do so, the responsibility of the bailee under the former agreement ended, and thereafter his responsibility was to exercise ordinary care of the cattle left in his possession awaiting the coming of the bailor to make the new arrangement or take possession of his cattle.</p> <p>3. Same. The continued possession of the cattle by the bailee after the termination of the bailment did not under the circumstances warrant the bailor in treating the former contract as continued or as a renewal of that contract.</p>