TERMINATION OF THE BAILMENT RELATION. SECTION 25. BY TERMS OF CONTRACT OR BY NEW AGREEMENT. The fulfillment of the terms of the bailment contract will terminate the bailment.' The mere lapse of time, when the bailment is for a definite period will be sufficient. Upon the fulfillment of the bailment the bailor is entitled to the immediate return of the property. A contract of bailment like any other contract can be rescinded or altered by the agreement of the parties to the contract." SECTION 26. BY BREACH OF CONTRACT OR DESTRUCTION OF BAILED PROPERTY. A bailment may also be determined by rescission of the contract of bailment on grounds recognized in contracts generally, by the total or partial destruction of the subject-matter, as where a chattel is lost or destroyed, or it becomes unfit and unsuitable for the use for which it was hired, or by any act of the bailee which is inconsistent with the bailment or which tends to defeat the bailor's right to the property,' as where the bailee, when not authorized so to do, sells, misuses," R. Co. (Tex.), Cic. App. 1900; 55 S. W., 577. 1 Morse vs. Andrascoggin R. Co., 39 Me., 285; Sessions vs. Westtern R. Corp., 16 Gray (Mass.), 132. Benje. vs. Creagh, 21 Ala., 151. 3 New York, etc., R. Co. vs. New Jersey Electric R. Co., 60 N. J. L., 338; 38 Atl., 828. Camp vs. Dill, 37 Ala., 553. 5 Masterson vs. International, etc. 8 • New York R. Co., vs. New Jersey Electric R. Co., 60 N. J. L. 338; 38 Atl. 828. Ripley vs. Dolbier, 18 Me., 328. 8 Dunlap vs. Gleason, 16 Mich., 149; 93 Am. Dec., 231. • New York, etc., R. Co. vs. New Jersey Electric R. Co., 60 N. J. L., 338; 38 Atl., 828 or in any way converts,10 the property, purchases it from the bailor," or does not perform the conditions of the contract.12 10 Cartlidge vs. Sloan, 124 Ala., 596; 26 So., 918. 11 Dunlap vs. Gleason, 16 Mich., 158; 93 Am. Dec., 231. 19 Otis vs. Wood, 3 Wend. (N. Y.), 498. INTRODUCTORY. SECTION 1. A BRANCH OF BAILMENTS. The subject of carriers is a branch of the larger subject of bailments. On account of its importance, and the many striking differences between the bailments of goods to common carriers and other species of bailments, it is made a separate subject in this work. A bailment to a carrier is, ordinarily, a bailment for mutual benefit, and under the Roman law classification is the locatio operis faciendi mercium vehendarum. Although this is bailment for mutual benefit, the liability of common carriers, exceeds that of the bailee in ordinary bailments for the bailee's sole benefit. SECTION 2. DEFINITION AND CLASSIFICATION OF CAR- "A carrier is one who undertakes the transportation of persons or movable property,' and the authorities, both elementary and judicial, recognize two kinds or classes of carriers, viz., private carriers and common carriers. While a common carrier has been defined as one who holds himself out to the public to carry persons or freight for hire,3 the term did not, at the common law, embrace a carrier of passengers, and is commonly confined to carriers of goods, as distinguished from common carriers of passengers. 1 Abbott L. Dict. • Varble vs. Bigley, 14 Bush. (Ky.), 698, 702, 29 Am. Rep., 435; Verner vs. Sweitzer, 32 Pa. St., 208, 212. 'Naugatuck R. Co. vs. Waterbury Button Co., 24 Conn., 468. 4 A private carrier is • Georgia Cent. R. Co. vs. Lipp- See infra, 11 A., 1 a. |