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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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§ 1892. BORROWER, WHEN TO BEAR EXPENSES. The

borrower of a thing for use must bear all its expenses during
the loan, except such as are necessarily incurred by him to
preserve it from unexpected and unusual injury. For such
expenses he is entitled to compensation from the lender, who
may, however, exonerate himself by surrendering the thing
to the borrower.

History: Enacted March 21, 1872.

As to non-liability for depreciation in value of borrower of
stock to be returned on demand, see Kerr's Cyc. C. C. § 1892,
note.

§ 1893. LENDER LIABLE FOR DEFECTS. The lender of
a thing for use must indemnify the borrower for damage

1012



«



i



TitlV.ch.L] RETURN, DEMAND, PLACE. §§1894-1896

caused by defects or vices in it, which he knew at the time
of lending, and concealed from the borrower.

Historr: Enacted March 21, 1872.
AS to duty of lender to disclose <iefects which may render
loan perilous or unprofitable, see 19 Encyc. L. 465, 466.

8 1894. LENDER MAY REQUIRE RETURN OF THING
LENT. The lender of a thing for use may at any time require
its return, even though he lent it for a specified time or pur-
pose But if, on the faith of such an agreement, the borrower
has made such arrangements that a return of the thing
before the period agreed upon would cause him loss exceed-
ing the benefit derived by him from the loan, the lender must
indemnifv him for such loss, if he compels such return, the
. borrower not having in any manner violated his duty.

History: Enacted March 21, 1872.
ciAP TCprr's Cvc. C. C. for 5 pars, annotation.

AS tfliabimy of bailee for act of servant in making wrong-
fnl aDoropriation of thing bailed, see 29 U y-

is to Hability of gratuitous bailees for non-feasance, see 23

A. D. 322.

§ 1895. WHEN RETURNABLE WITHOUT DEMAND. If a

thing is lent for use for a specified time or purpose, it must
be returned to the lender without demand, as soon as the
time has expired, or the purpose has been accomplished. In
other cases it need not be returned until demanded.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

AS tfconversion by bailee, and necessity of demand, see 1 L-

318.

5 1896. PLACE OF RETURN. The borrower of a thing for
use must return it to the lender, at the place contemplated
by the parties at the time of lending; or if no particular place
was so contemplated by them, then at the place where it was
at that time.

Historv: Enacted March 21, 18(2.

Borrower must return to lender, at - <! - ^^f^.^J.^irary -
otherwise stipulated, in absence of agreement to contrary.

See 19 Encyc. L. 469.

lOUi



§§ 1902-1905 CIVIL CODE. [Div.III.Pt.IV.

CHAPTER II.

LOAN FOR EXCHANGE.

§ 1902. Loan for exchange, what.

ij iHd.S. Same. [Optional loan.]

§ 1904. Title to property lent.

§ 1905. Contract cannot be modified by lender.

§ 1906. Certain sections applicable.

§ 1902. LOAN FOK EXCHANGE, WHAT. A loan for ex-
change is a contract by which one delivers personal property
to another, and the latter agrees to return to the lender a
similar thing at a future time, without reward for its use.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

As to difference between exchange of property and sale, see
94 A. S. 227.

As to loan of money for exchange, see Kerr's Cyc. C. C. § 1912
and note.

§1903. SAME. [OPTIONAL LOAN.] A loan, which the
borrower is allowed by the lender to treat as a loan for use,
or for exchange, at his option, is subject to all the provisions
of this chapter.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

§ 1904. TITLE TO PROPERTY LENT. By a loan for ex-
change the title to the thing lent is transferred to the bor-
rower, and he must bear all its expenses, and is entitled to
all its increase.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

§ 1905. CONTRACT CANNOT BE MODIFIED BY LENDER.

A lender for exchange cannot require the borrower to fulfil

1014



Tit.IV.ch.II.] SECTIONS APPLICABLE. § 1906

his obligations at a time, or in a manner, different from that
which was originally agreed upon.

History: Ejiacted March 21, 1872.

For Commissioners' comment on tliis section, see Kerr's Cyc.
C. C. § 1905, note.

§1906. CERTAIN SECTIONS APPLICABLE. Sections
eighteen hundred and ninety-three, eighteen hundred and
ninety-five, and eighteen hundred and ninety-six, apply to a
loan for exchange.

History: Enacted March 21, 1872.

As to conversion by exchange and liability of exchangee, see
Kerr's Cyc. C. C. § 1906, note.

As to conversion of coin by bailee, and payment for in coin,
see 29 L. 522.

As to what constitutes conversion, see 15 A. D. 152; 16 A. D.
456; 18 A. D. 567; 19 A. D. 345; 23 A. D. 703; 24 A. D. 66: 28 A. D.
65, 359; 26 A. D. 350; 30 A. D. 446; 33 A. D. 130; 43 A. D. 765; 69
A. D. 121; 79 A. D. 369; 100 A. D. 458; 43 A. R. 518; 67 A. S. 454.



1015



§§ 1912, 1913 CIVIL CODE. [Div.III.Pt.IV.



CHAPTER III.

LOAN OF MONEY.

[For Commissioners comment on this chapter, see Kerr's Cyc.
C. C]

§ 1912. Loan of money. [What is.]

§ 1913. Loan to be repaid in current money.

§ 1914. Interest on loan.

§ 1915 Interest, what.

§ 1916. Annual rate.

§ 1917. Legal interest.

§ 1918. Same. [By agreement, any rate.]

§ 1919. Interest becomes part of principal, when.

§ 1920. Interest on judgment.

§ 1912. LOAN OF MONEY. [WHAT IS.] A loan of money
is a contract by which one delivers a sum of money to
another, and the latter agrees to return at a future time a
sum equivalent to that which he borrowed. A loan for mere
use is governed by the chapter on loan for use.

History: Enacted March 21, 1872.

57 C. 594, 602 (applied).

As to interest, see Kerr's Cyc. C. C. §§ 1914 et seq. and notes.

Damages for breach of contract to loan or advance money. —
See 37 L. 233.

Implied ratification of an unauthorized loan affected by an
agent, what will constitute. — See 6 L. N. S. 311.

Validity of loan, where made in violation of law. — See 12 L.
N. S. 603.

§1913. LOAN TO BE REPAID IN CURRENT MONEY.

A borrower of money, unless there is an express contract
to the contrary, must pay the amount due in such money as
is current at the time when the loan becomes due, whether
such money is worth more or less than the actual money lent.
History: Enacted Mar.^h 21, 1872.

113 C. 221, 229, 41 P. 1017, 45 P. 252 (applied); 114 C. 258, 261.
55 A. S. 66, 46 P. 82, 35 L. 492 (cited by mistake for C. C. P.).

As to agreement to pay loan or interest in gold, see Kerr's
Cyc. C. C. § 1913, note par. 2.

1016



Tit.IV,ch.III.] INTEREST, RATE. §§ 1914-1917

§ 1914. INTEREST OX LOAJf. Whenever a loan of money
is made, it is presumed to be made upon interest, unless it
is otherwise expressly stipulated at the time in writing.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 245.

See Kerr's Cyc. C. C. for 6 pars, annotation.,

116 C. 533, 546, 58 A. S. 200, 48 P. 618 (applied with §§1918,
1919); 127 C. 669, 675, 60 P. 439, 49 L. 647 (applied); 137 C. 467,
471, 70 P. 308 (applied).

Presumption as to law of other states as to interest, see 21
L. 471.

§ 1915. IMEREST, WHAT. Interest is the compensation,
allowed by law or fixed by the parties for the use, or forbear-
ance, or detention of money.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 245.

See Kerr's Cyc. C. C. for 10 pars, annotation.

72 C. 146, 154, 13 P. 467, 471 (applied); 110 C. 311, 315, 42 P.
811 (applied): 122 C. 117, 120, 54 P. 518 (applied); 129 C. 545,
547, 79 A. S. 137, 62 P. 104 (construed); 131 C. 356, 363, 63 P. 665
(construed); 137 C. 467, 469 (cited), 470 (referred to), 471
(applied), 70 P. 308.

§ 1916. ANNUAL RATE. When a rate of interest is pre-
scribed by a law or contract, without specifying the period
of time by which such rate is to be calculated, it is to be
deemed an annual rate.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.
92 C. 80, 82, 28 P. 97 (construed and applied).

§1917. LEGAL INTEREST. Unless there is an express
contract in writing, fixing a different rate, interest is payable
on all moneys at the rate of seven per centum per annum
after they become due, on any instrument of writing, except
a judgment, and on moneys lent, or due on any settlement
of account, from the day on which the balance is ascertained,
and on moneys received to the use of another and detained

1017



§ 1917 CIVIL CODE. [Div.III,Pt.IV.

from him. In the computation of interest for a period less
than a year, three hundred and sixty days are deemed to
constitute a year.

History: Enacted March 21. 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 245; February 5, 1878, Code Amdts. 1877-8,
p. 87.

See Kerr's Cyc. C. C. for 66 pars, annotation.

57 C. 641, 643 (judgment does not illegally compound interest
when); 65 C. 498, 499, 4 P. 502 (applied); 66 C. 236, 238, 5 P.
155 (construed and applied); 70 C. 184, 186, 11 P. 624, 625
(applied); 72 C. 146, 153, 13 P. 467, 471 (construed and applied):
73 C. 317, 319, 2 A. S. 812, 11 P. 791, 792, 14 P. 864 (applied); 89
C. 632, 635, 27 P. 67, 68 (construed); 100 C. 18, 22, 34 P. 510 (con-
strued and applied); 102 C. 283, 292, 36 P. 580 (construed); 106
C. 566. 573, 39 P. 933 (construed); 109 C. 378, 380, 50 A. S. 49,
42 P. 34 (construed); 110 C. 311, 316 (applied), 317 (construed),
42 P. 811; 111 C. 57, 72. 52 A. S. 149, 43 P. 418 (applied); 113 C.
221, 229, 41 P. 1017, 45 P. 252 (applied); 116 C. 533, 545, 58 A. S.
200, 48 P. 618 (construed); 120 C. 106, 109, 122, 45 P. 333, 52 P.
143 (cited); 131 C. 356, 363, 63 P. 665 (construed); 134 C. 673, 674,
66 P. 963 (construed); 136 C. 368, 371, 68 P. 1032; 137 C. 467, 470,
70 P. 308 (referred to); 143 C. 525, 527, 77 P. 479 (applied); 148
C. 206, 207, 82 P. 961 (applied — interest is payable on all moneys,
at rate of seven per cent per annum, due on any settlement of
account from day on which balance is ascertained); 150 C. 131,
139, 88 P. 722 (not applicable to Dupont-street bonds of City
and County of San Francisco as act of 1876 does not declare
that interest shall not be paid after maturity).

As to allowance of interest by way of damages, see Kerr's
Cyc. C. C. §§ 3287-3290 and notes.

As to allowance of interest or amount due for arrearages of
annuity, see 63 L. 629.

As to claims against state for interest, see 42 L. 62.

As to compounding interest, see Kerr's Cyc. C. C. § 1919 and
note.

As to computing interest, rules for, see 50 A. D. 287.

As to conflict of laws as to interest and usury, see 62 L. 33.

As to conflict of laws as to interest, in action to foreclose real
estate mortgage, see 55 L. 933.

As to effect of offer of performance as stopping interest, see
Kerr's Cyc. C. C. § 1504 and note.

As to interest allowable in actions ex delicto, see K<'rr"s Cyc.
C. C. § 3288 and note.

As to interest allowed as damages, see par. 30 this note, and
Kerr's Cyc. C. C. §§ 32S7-3290 and notes; also 6 A. D. 188-199.

1018



TitlV.ch.IIL] LEGAI. INTEREST. §1917

AS to interest on Judgments, see Kerr's Cyc. C. C. § 1920 and

"Ts" to interest on legacies, see Kerr's Cyc. C. C. § 1369 and

"?s to interest on penal bonds, whether they may be recovered

beyond their penalty, see 8^/^^,J^'; j.^^,.^ cvc. C. C. §456
As to interest on railroad bonds, see ivei

""IsTlnterest on withdrawals tron, M.lding and loan asso-

°' aL"; rte'L^ece^-aWe .y speCa, partner, see Kerr^s Cyc.

C. C. i 2494 and note. ^^.^__^^ ^^^ „ L. 761.

^: l: Sm;ro"cotrnt'.or interest on rents and pro«.s, see

"i:- tl".-ia„i,ity o, executors -■'^' - -f-^rard 'n'ott""'

-"" '""rfV^roriuardfan Jor Inte're"' on ward^s ntoney in

AS to liability of guardian lo ^^^^^

"irri.r.l,S"ot?;..ro«L-J;or interest coi.ected on
''T:T. l^lMU^rortr^^.S "or"int;e.t, see Kerr. Cyc. C. C.
-f to-,Lro.3est o .^orrowed n^one. .y .o.nestead

corporation, see Kerr s C^^- ^V \;^ ^, contract, see Kerr's

As to rate of interest after breacn
cyc. C. C 13289 -d note ^^^^^^^ ^^^ ^^^^ conversion

AS to interest being aHowea ^^^ ^^^^

of property, see Kerr s ^y^- C- O. § ^^^ ^^^^.^ ^.y,.

As to interest on amount of protestea
C. C. §3236 and note. mutual life insurance

AS to interest on guaranty notes of mutual

companies, see ante § 441. ,^,^„„fls see 4 L. 566.

AS to interest -/i^-^;;^^tott"mry contract, see Kerr's Cyc.
As to rate of interest on bottomiy

"■^s tVrll'of intr'est on buiiding and loan corporation .oans.

see Kerr's Cyc. C. C « «'' »"<'„;^S„5, „„„ds, see Kerr's Cyc.

As to rate of interest on cemeteij'

C. C. § 611 and note. .^^^«t see 50 A. D. 287-292.

l: \: -Sr Srrc:;:^;^-^ -eres. see Kerr.

cyc. C. C. §3290 and note. .^ ^^sence of an express

As to when interest is alloMaine
contract, see 28 A. R. 314.



§§1918,1919 CIVIL CODE. [Div.III.Pt.IV.

§ 1918. SAME. [BY AGREEMENT, ANY BATE.] Parties
may agree in writing for the payment of any rate of inter-
est, and it shall be allowed, according to the terms of the
agreement, until the entry of judgment.

History!' Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 39 pars, annotation.

60 C. 229, 232 ^construed); 60 C. 387, 393 (referred to); 65 C.
391, 393, 4 P. 375 (construed); 108 C. 148, 151, 41 P. 38 (applied);
no' C. 107, 112, 42 P. 473 (applied); 113 C. 221, 229, 41 P. 1017.
45 P. 252 (construed); 114 C. 64, 66, 45 P. 1004 (applied); 116 C.
533, 538 (construed), 541 (applied), 542 (referred to), 545 (con-
strued), 546 (construed), 58 A. S. 200, 48 P. 618; 120 C. 106, 109
(cited), 122 (referred to), 45 P. 333, 52 P. 143.

As to accord as to interest, see 20 L. 789.

As to agreement to pay a higher rate of interest after ma-
turity or after date specified, see Kerr's Cyc. C. C. § 1919, note
pars. 11-15; 63 A. D. 438.

As to allowance of interest, special and implied contracts for,
see 46 A. S. 190.

As to compound interest, when not recoverable, see Kerr's
Cyc. C. C. § 1919, note pars. 3-6, and 34 A. R. 101.

As to increase of interest after maturity, provisions for, when
valid, see 53 A. R. 21; 91 A. S. 584; also Kerr's Cyc. C. C. § 1919,
note pars. 11-15.

As to when interest continues at conventional rate after
maturity, see 30 A. R. 47; 34 A. R. 253; 47 A. R. 70.

§1919. INTEREST BECOMES PART OF PRINCIPAL,
WHEN. The parties may, in any contract in writing whereby
any debt is secured to be paid, agree that if the interest on
such debt is not punctually paid, it shall become a part of
the principal, and thereafter bear the same rate of interest
as the principal debt.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 18 pars, annotation.

63 C. 105, 106 (construed); 65 C. 391, 393, 4 P. 375 (applied);
114 C. 64, 66, 45 P. 1004 (applied); 116 C. 533, 536 (construed),
538 (construed), 539 (referred to), 540 (referred to), 541
(referred to), 542 (construed), 545 (construed), 546 (construed),
58 A. S. 200, 48 P. 618; 153 C. 64, 75, 94 P. 225 (construed—
severable provision of note for payment of interest on unpaid
instalments — unpaid interest cannot be made to bear interest
at rate greater than that borne by principal debt).

1020



Tit.IV.ch.III.] JUDGMENT, ON. § 1920

§1920. INTEREST OX JUDGMENT. Interest is payable
on judgments recovered in the courts of this state, at the rate
of seven per cent per annum, and no greater rate, but such
interest must not be compounded in any manner or form.

HLstory: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 245.

See Kerr's Cyc. C. C. for 30 pars, annotation.
49 C. 313, 314 (applied); 127 C. 58, 59, 59 P. 197 (applied); 129 C.
545, 546, 79 A. S. 137, 62 P. 104 (construed); 137 C. 467, 469 (cited
with other sections), 471 (construed), 70 P. 308.

As to interest on judgments, see 17 L. 612.

Foreign judgment — No interest on, when. — See 89 A. D. 673,
674; 6 A. S. 62.



1021



§ 1925 CIVIL CODE. [Div.III.Pt.IV.

TITLE V.

HIRING.

Chapter I. Hiring in General, §§ 1925-1935.

II. Hiring of Real Property, §§ 1941-1950.
III. Hiring of Personal Property, §§ 1955-1959.

CHAPTER I.

HIRING IN GENERAL.

§ 1925. Hiring, what.

§ 1926. Products of thing.

§ 1927. Quiet possession.

§ 1928. Degree of care, etc., on part of hirer.

§ 1929. Must repair injuries, etc.

§ 1930. Thing let for a particular purpose.

§ 1931. When letter may terminate the hiring.

§ 1932. When hirer may terminate the hiring.

§ 1933. When hiring terminates.

§ 1934. When terminated by death, etc., of party.

§ 1935. Apportionment of hire.

§ 1925. HIRING, WHAT. Hiring is a contract by which
one gives to another the temporary possession and use of
property, other than money, for reward, and the latter agrees
to return the same to the former at a future time.

History: Enacted March 21, 1872.
See Kerr's Cyc. C. C. for 66 pars, annotation.
HIRING — GENERALLY.

As to estoppel by "lease" of water-right to deny lessor's
title, see Kerr's Cyc. C. C. § 1948 and note.

As to extension of time of payment by parol, see Kerr's Cyc.
C. C. § 1947 and note.

As to implied covenants, see Kerr's Cyc. C. C. § 113 and note.

As to lessor's right to relet when surrender of premises not
accepted, see Kerr's Cyc. C. C. § 1927 and note par. 4.

As to liability of sublessee to lessor for rent, see Kerr's Cyc.
C. C. § 1947 and note.

1022



TitV.ch.I.]



HIRING— PRODUCTS. § 1926



As to liability of sublessee to pay taxes, see Kerr's Cyc. C.
C. § 1947 and note.

As to new lease as affecting right under old lease to remove
fixtures, see Kerr's Cyc. C. C. § 660 note par. 44. _

As to oral warranty of fitness of premises, etc., see Kerr s
Cyc. C. C. § 1941 and note.

As to surrender of lease by accepting new lease, see Kerr s
Cyc. C. C. § 1925, note pars. 58, 59.

As to undertaking of lessor that land shall be fit for purposes
for which leased, see Kerr's Cyc. C. C. § 1941 and note.

As to what are unlawful contracts, see Kerr s Cyc. U <^.

§ 1667 and note. , -, o r i c

Abandonment, generally.— See 6 Cent. Dig. col. 13, § 16.
Agreement to farm land on shares.— See 100 A. D. 4.8.
As engaged in services.— See 4 W. & P. 3310.
Bailment by letting to hire.— See notes 6 L. 619, 620, 1- L.

397.

Bailment for.— See 6 Cent.- Dig. col. 13, §16.

Borrowing distinguished. — See 4 W. & P. 3310.

Definition of.— See 12 A. R. 642; 4 W. & P. 3309.

Employment distinguished. — See 3 W. & P. 2382.

Fixing time of enjoyment.— See Kerr's Cyc. C. C. § 707 and

note.

Hired persons, who are. — See 4 W. & P. 3311.

Hirer, who is. — See 4 W. & P. 3311.

Infant's liability for rent.— See 18 A. S. 589-592.

Of animals.— See 2 Cent. Dig. col. 458, §§70-78; 1 Decen. Dig.

p. 717, I 27.

Of servants.— See 34 Cent. Dig. col. 407, § 4.

Presumption that hiring continues during continuance of
hirer's possession.— See Kerr's Cyc. C. C. § 1933 and note.

Reassignment of lease to lessee.— See Kerr's Cyc. C. O.

§ 1947 and note. ^ e-,oi< ^

.Recordation of lease of land.— See Kerr's Cyc. C. C. § 1214 and

Termination of the hiring.— See Kerr's Cyc. C. C. §§ 1931-
1935 and notes.

Transfer of title by lessor.— See Kerr's Cyc. C. C. §1933 and

note.

§ 1926. PRODUCTS OF THI>'ti. The products of a thing
hired, during the hiring, belong to the hirer.

History: Enacted March 21, 1872.

See Kerr's Cvc. C. C. for 13 pars, annotation.
As to distinction between cropping contract and lease, see
Kerr's Cyc. C. C. § 1925 and note par. 24.

1023



§ 1927 CIVIL CODE. [Div.III.Pt.IV.

As to lien on crop for rent, see Kerr's Cyc. C. C. § 1947 and
note.

As to ownership of increase of animals liired, see 1 Cent. Dig.
col. 442, § 10.

Fixtures — To whom belong-. — See Kerr's Cyc. C. C. §§ 660,
1013, 1019 and notes.

Lease of land with live stock thereon. — See Kerr's Cyc. C. C.
§ 1958 and note.

Products and accessions to property — To whom belong. —
See Kerr's Cyc. C. C. §§ 732, 1013-1033 and notes.

Rights to emblements. — See 3 L. 120; 11 L. 800.

§ 1927. QUIET POSSESSION. An agreement to let upon
hire binds the letter to secure to the hirer the quiet possession
of the thing hired during the term of the hiring, against all
persons lawfully claiming the same.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 61 pars, annotation.

86 C. 298, 304, 24 P. 1015, 1017 (construed and applied); 117 C.
67, 70, 48 P. 984 (construed and applied).

As to action by lessor of chattel for trespass committed
during continuance of lease, see Kerr's Cyc. C. C. § 1955 and
note.

As to attornment, see Kerr's Cyc. C. C. § 1948 and note.

As to lessee's right to possession of crop, see Kerr's Cyc.
C. C. § 1926 and note.

As to liability for rent when possession interfered with by
stranger, see Kerr's Cyc. C. C. § 1947 and note par. 42.

As to liability of lessor to adjoining proprietors, see Kerr's
Cyc. C. C. § 1930 and note par. 5.

As to recovery of rent after eviction from portion of premises,
see Kerr's Cyc. C. C. § 1947 and note pars. 44, 45.

As to right of re-entry to make necessary repairs, see
Kerr's Cyc. C. C. § 1941 and note.

As to trespass against stranger, see Kerr's Cyc. C. C. § 1927,
note pars. 15, 16, 58.

Acts of third parties, when justify abandonment. — See 38 A. S.
484.

Counterclaim for damages in action for rent. — See Kerr's Cyc.
C. C. § 1947 and note par. 34.

Damages for breach of covenant of quiet enjoyment. — See
Kerr's Cyc. C. C. § 3304 and note.

Damages for failure to give possession and for eviction. —
See 100 A. D. 428, 429; 58 A. R. 606-614.

Improvements designated as part of property leased. — See
Kerr's Cyc. C. C. § 1941 and note par. 22.

1024



Tit.V,ch-I.] DEGREE OP CARE. §§ 1928, 1929

Partial eviction by lessor, effect of. — See 38 A. S. 491, 492.

Personal property — Right of hirer to quiet possession of. —
•See Kerr's Cyc. C. C. § 1955 and note.

Property in adverse possession of anotlier may be leased. —
See Kerr's Cyc. C. C. § 1925 and note.

Recovery back of rent paid after eviction. — See Kerr's Cyc.
C. C. § 1947 and note pars. 91, 93.

Replevin for skins of wild animals taken fro'm premises. — See
Kerr's Cyc. C. C. § 1926 and note.

Right of lessee to light and air. — See 22 L. 540-543; 23 L. 158.

"Term" defined. — See Kerr's Cyc. C. C. § 1925 and note par. 61.

Verbal notice of paramount title asserted by stranger. — See
Kerr's Cyc. C. C. § 1949 and note.

What justifies tenant in abandoning leased premises. — See
38 A. S. 476-492.



§ 1928. DEGREE OF CARE, ETC 05 PART OF HIRER.

The hirer of a thing must use ordinary care for its preserva-
tion in safety and in good condition.

Hi-story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 17 pars, annotation.

118 C. 368, 369, 50 P. 650 (referred to).

As to excuses for non-performance, see Kerr's Cyc. C. C.
§§ 1511, 1512 and notes.

As to liability where horse is driven beyond point agreed
upon, see Kerr's Cyc. C. C. § 1930 and note par. 6.

Death of animal hired. — See Kerr's Cyc. C. C. § 1958 and note.

Depositary for hire required to use ordinary care. — See
Kerr's Cyc. C. C. §1852 and note.

Escape of hired animal. — See Kerr's Cyc. C. C. § 1958 and note.

Letting of horse for hire. — See 12 L. 397.

Repair of injuries occasioned by hirer's want of ordinary
care. — See Kerr's Cyc. C. C. § 1929 and note.

Use of thing for other than particular purpose for which
let. — See Kerr's Cyc. C. C. § 1930 and note.



§ 1929. MIST REPAIR INJURIES, ETC. The hirer of a
thing must repair all deteriorations or injuries thereto occa-
sioned by his want of ordinary care.

Hi.story: Enacted March 21, 1S72: amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 412, held
unconstitutional, see history, § 4 ante; amendment re-enacted
March 21, 1905, Stats, and Amdts. 1905, p. 614.
Kerr's C. C. — 33 1025



§§ 1930, 1931 CIVIL CODE. [Div.III.Pt.IV.

See Kerr's Cyc. C C. for 7 pars, annotation.

59 C. 563, 566 (referred to with §1941); 86 C. 298, 304, 24 P.
1015 (referred to in construing- §1941); 92 C. 548, 551, 28 P. 599,
600 (referred to with §1941); 102 C. 476, 480, 36 P. 835 (referred
to with §1941); 118 C. 368, 369, 50 P. 650 (referred to).

Action for damages lies. — See Kerr's Cyc. C. C. § 1922 and note
par. 2.

Charterer of ship liable for repairs during voyage. — See Kerr's



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