Berthiaume v. John Doe

Reward—Right op Finder op Lost Property.—Sections 1865 and 1867 of the Civil Code provide, in substance, that when the finder of a thing takes possession- of it he must, within a reasonable time, inform the owner thereof and make restitution to him upon demand; and that upon so doing is entitled to a reasonable charge for saving and caring for the property, and to a reasonable reward for keeping it. These provisions, however, are independent of any offer of reward by the loser and acceptance of such offer by the finder.

Id.—Express Promise op Reward—Eppect as Contract.—If the loser of property makes an express promise of a reward, either to a particular person or in general terms to any one who will return the property to him, and in consequence of such offer the property is returned to him, there is thus constituted a valid and binding contract.

3b.=—Consideration por Contract.—Such contract is not lacking in con sideration; the return of the property being a sufficient consideration to support the promise.

Id.—Revocation op Oppbr.-—The offer of a reward for the return of lost property may be revoked before it is acted upon.

Id.—Rejection op Opper.—A requested modification of an offer of reward does not constitute a rejection of it.

Id.—Replevin por Return op Lost Property—Payment op Rewar-d.— In this action of claim and delivery for the return of lost property, wherein the defendant in his cross-complaint demands the payment of a reward for finding the property, the evidence shows that, while the defendant in the negotiations for the return of the property demanded a larger amount than that offered as the reward, the plaintiff at no time withdrew the offer on that account.