Thornton v. Hamilton
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action on contract. Judgment for plaintiff. Where horses are hired, the bailee must use ordinary care, and if any of the animals die without his fault, the bailor must stand the loss.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. Action on contract. Judgment for plaintiff. Where horses are hired, the bailee must use ordinary care, and if any of the animals die without his fault, the bailor must stand the loss. (1 R. C. L. 1076, par. 18.) Every contract of letting impliedly warrants that the animals are reasonably fit and suitable for the work which they are hired to perform, if the same be known to the bailor. (2 Cyc. 311; Bass v. Cantor, 123 Ind. 444, 24 N. E. 147; Leach v. French, 69 Me. 389, 31 Am. Rep. 296;…
1Opinion of the CourtMorgan, C. J.
Respondent and appellants entered into a contract whereby the former leased to the latter certain personal property including six head of horses among which was a black gelding of the agreed value of $325. The contract contained the following provision: “If any of said horses shall die or he injured so that it becomes necessary to kill the same while in the possession of said lessee, the lessee will pay to the lessor the full value thereof as specified above.”
It appears that the property was sent by respondent, in charge of James Long, from Coeur d’Alene to appellants’ *306logging camp at Hauser…
2Cited by25 opinions
- Haaga v. Saginaw Logging Co.Washington Supreme Court · 1932
- Standard Lumber Co. v. FieldsWashington Supreme Court · 1947
- Haskell v. McClintic-Marshall Co.Court of Appeals for the Ninth Circuit · 1923
- Benedict v. HinesWashington Supreme Court · 1920
- Hall & Olswang v. Aetna Casualty & Surety Co.Washington Supreme Court · 1931
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