Edward Hines Lumber Co. v. Purvine Logging Co.

This case requires us to decide who, between bailor and bailee, bears the loss when a fire of unknown origin destroys bailed property.

The facts are not in dispute. Hines was the owner of a donkey engine. Purvine was a logger engaged in the performance of a logging contract for Hines. Hines delivered the machine to Purvine, for Purvine’s use, but for the mutual benefit of the parties. The parties were dealing under a written agreement which, contained the following paragraph:

“Contractor agrees that Edward Hines Lumber Co. equipment shall be kept in good operating condition, maintained by…