German-American Bank of Seattle v. Normile

Citations

• 82 Wash. 368
• 144 P. 289
• 1914 Wash. LEXIS 1522

Syllabus

<p>Bailment — For Hire — Responsibility eor Repairs. At common law, in the absence of express contract, a bailor for hire of a steam grading outfit is responsible for extraordinary repairs which inure to his benefit not caused through the fault of the bailee; the bailee is responsible for expenses ordinary and incidental to its use; and responsibility for ordinary expenses incident to keeping it in repair, depends to a considerable extent upon the recompense, custom, and usage, and nature of the article.</p> <p>Same — For Hire — Responsibility eor Condition — Custom. Where, at the time a steam grading outfit was leased, it was not in good repair, in the absence of an express contract, it was the duty of the bailor to put it in good condition, where there was proof of a custom to that effect.</p> <p>Same — For Hire — Extraordinary Repairs — Responsibility—Custom. Where a steam grading outfit was leased without an express agreement as to repairs, general proof of a custom that the bailee must keep up the repairs, there being some proof that he must pay. only for the ordinary repairs, is not sufficient, to render the bailee responsible for extraordinary, repairs occasioned without his fault or neglect and which inure to the benefit of the bailor on termination of the bailment..</p> <p>Same — Ordinary Repairs — Ordinary Agreement. In such a case, considering the subject-matter of the bailment, worth $15,000, and the agreed recompense, $50 per day, there is no implied intention that the bailor should pay for repairs incident to the use of the outfit, the bailee being chargeable with the expense of ordinary repairs.</p>