Hire
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
A bailment in which compensation is to be given for the use of a thing, or for labor and services about it.
2 Kent 456; Story, Ballm. § 359.
The divisions of this species of contract are denoted by Latin names. Locatio operis fadendi Is the hire of labor and work to be done or care and attention to be bestowed on the goods let by the hirer, for a compensation. Locatio operia mercium vehendarum is the hire of the carriage of goods from one place to another, for a compensation.
Jones, Bailm. 85, 86, 90, *103, 118; 2 Kent 456.
Locatio rei or locatio conductio rei is the bailment of a thing to be used by the hirer for a compensation to be paid by him. This contract is voluntary, and founded In consent; it Involves mutual and reciprocal obligations; and it is for mutual benefit. In some respects it bears a strong resemblance to the contract of sale; the principal difference between them being that in eases of sale the owner parts with the whole proprietary Interest in the thing, and in cases of hire the owner parts with possession only for a temporary purpose. In a sale, the thing Itself is the object of the contract; in hiring, the use of the thing Is its object; Vinnlus, Hiring a servant for a fixed sum per week, with no fixed period of duration, may be terminated by either party at any time without notice; Warden v. Hinds, 163 Fed. 201, 90 0.
0.
A. 449, 25 L. R. A. (N. S.) 629 and note; so if the contract is for a fixed sum per year; Martin v. Ins. Co., 148 N. Y. 117, 42 N. E. 416; Weldman v. Cigar Stores Co., 223 Pa. 160, 72 Atl. 377, 132 Am. St Rep. 727 (dictum); Edwards v. R. Co., 121 N. C. 490, 28 S. E, 137; and per month; Kosloski V. Kelly, 122 Wis. 665, 100 N. W. 1037; The Pokanoket, 156 Fed. 241, 84 C. C. A. 49. Other cases hold that the hiring, in such case, is for the full period; Douglass v. Ins. Co., 118 N. Y. 484, 23 N. E. 806, 7 L. R. A. 822; Horn v. Land Ass’n, 22 Minn. 233; Bascom V. Shlllito, 37 Ohio St 431. So much l^r week or per month Imports a contract for a week or a month; Beach v. Mullln, 34