Contracts – Bailment 

Posted: 1:00 am Mon, March 15, 2010
By admin
Tags: Contracts

Where a homeowner contracted with house mover to remove the house from its existing site to the mover’s storage yard, pending transfer of the property the homeowner’s new site; and the house suffered water damage while at the mover’s site; we conclude that the District Court did not err in determining that a bailment occurred because ownership was not transferred and the parties agreed that the property would be returned.

Although comparative fault may apply to liability arising under a bailment because damage is addressed under a negligence theory, the mover failed to assert that the damage should be apportioned between him and the owner.

We reject the additional claims of error.

Affirmed.