Loan for use or exchange--Borrower required to bear all expenses during loan--Exception--Compensation for cost to preserve thing from injury.

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43-37-11. Loan for use or exchange--Borrower required to bear all expenses during loan--Exception--Compensation for cost to preserve thing from injury.

The borrower of a thing for use, or for exchange, 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 expense he is entitled to compensation from the lender, who may, however, exonerate himself by surrendering the thing to the borrower.

Source: CivC 1877, §§1082, 1089; CL 1887, §§3706, 3712; RCivC 1903, §§1402, 1408; RC 1919, §§1025, 1031; SDC 1939, §38.0203.


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