Davis v. Lampert Agency, Inc.

I dissent and vote to affirm for the following reasons. The sole question to be resolved is whether an agreement by appellant bailee to return the transparency in the condition that it was leased extended appellant’s liability beyond that ordinarily imposed in a bailment for mutual benefit so as to render appellant liable in judgment. I think it does. In a bailment for mutual benefit, as this concededly was, in the absence of special agreement a bailee is only obligated to exercise ordinary care and diligence in the preservation of the bailor’s property. It is well settled, however, that a…