Dillon v. Patterson & Bell

Citations

• 66 Miss. 204

Syllabus

<p>Bailment. Statute of frauds. Consideration. Case in judgment.</p> <p>Defendants, without the landlord's consent, bought of tenants and stored in a building, not on the leased land, crops upon which existed a lien for rent. The landlord objected to this, and also urged that there was danger of fire. Without agreeing to pay the rent, defendants retained the property and undertook to safely keep it until a settlement could be had. While thus held, after the rent was due, it was accidentally destroyed by fire. Held, that the statute of frauds had no application; that the facts stated constitute a sufficient consideration to uphold the agreement of defendants to bear the loss in case of fire, and that they are liable for the value of the property to the extent of the landlord’s lien.</p>