Cloyd v. Steiger

Citations

• 139 Ill. 41
• 28 N.E. 987

Syllabus

<p>1. Contract or sale—duty of vendor—care of chattels until delivered. Where the owner of steers sells the same, to be taken at any time after a day named, and agrees with the purchaser to feed them on corn until a month later than the day named after which they might be taken, while the seller is not bound to keep the cattle longer than the time fixed for feeding them corn, yet if he does keep them after - that date, willingly or unwillingly, it will be his duty to treat them with such care as reasonably careful men under like circumstances would treat their own cattle, and for neglect of such duty he will be liable in damages to the purchaser. If ordinary care requires the feeding of the cattle on corn, that should be done.</p> <p>2. Same—bailment—as between vendor and purchaser. Where a party sells cattle to be taken at any time after the 15th day of June, and agrees. to leed them on corn until the 15th of July, following, he will, if he-still retains possession of the cattle after the latter date, hold them not merely as a gratuitous bailee for the purchaser, but also for his own benefit, so that he may perform his contract to deliver, and the law will require that he exercise ordinary care and diligence in keeping and caring for them, and the purchaser, when sued for a loss on a re-sale, may recoup any damages he may sustain from the want of such care.</p>