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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 293

Citation
§ 293
Parent Document
Bibby's Refrigeration, Heating & Air Conditioning, Inc. v. Salisbury, 603 A.2d 726 (1992)
Jurisdiction
Rhode Island (state)
Effective Date
1992-02-20

Other Sections in This Document (46)

Full Text

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56 R.I. 419, 425, 186 A. 15, 18 (1936) (defining “bailment” as a transfer of personalty for a particular purpose). We are unpersuaded by defendant’s argument that he believed he had purchased the ice-making machine and conclude that as a bailee defendant was under an obligation to return the machine at the expiration of the original rental agreement. However, defendant failed to do so. Therefore, Bibby’s Refrigeration had the option to treat, and did elect to treat, the bailment agreement as continuing or renewed on the same terms as the original rental agreement. This is not a case of “mere holding over”; defendant would not suffer hardship if bound by an implied renewal of the ice-machine rental agreement. The renewal was not for an extensive period, and the ice machine did not become unusable over the period of the implied renewal agreement. Despite the assertions of defendant’s attorney that the ice machine was a “piece of junk,” defendant continues to utilize it. Therefore, plaintiff is entitled to recover rent at the rate specified in the rental agreement for the entire time during which defendant retained possession of the ice-making machine.