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Right to Com Pensation for Service


RIGHT TO COM PENSATION FOR SERVICE. Upon performing the desired service the bailee, who has been engaged to perform a bailment service, becomes entitled to full compensation for such service, if performed according to the contract and in a reasonably careful and work manlike manner. There is some difference of opinion as to whether a bailee is entitled to pay for a partly performed service. Where there was no default or negligence on the part of the bailee, as in the case where a partly completed carriage was destroyed by fire, the bailor must compensate for the work done. (Story, Bailments, Sec. 426.) But this rule may be changed by express contract, and does not apply where the workman furnishes both the work and the mate rials from which an article is to be manufactured. The earlier rule was, that if the bailee was in default for not completing the service, he could recover no compensa tion whatever. (Denew v. Daverell, 3 Camp. 451.) The later cases give the workman compensation for the part he has done, that is, allow him to recover on a quantum meruit, less damages for the breach of the agreement. So, where he has rendered services differ ent from those which were contracted for, he is allowed to recover on a quantum meruit, and from this amount the bailor can offset damages for the breach of the con tract.

bailee and recover