129. When bailee is excused from liability.

129.     When bailee is excused from liability.

If a contract of mandate is contained in a written instrument which is expressed in ambiguous terms, and the bailee is in fact misled and adopts one interpretation when the bailor intended him to follow the other, then the bailor will be bound, and the bailee will be exonerated1.

In the case of impossible undertakings the bailee is not liable, unless the bailee when giving the undertaking can be treated as having undertaken to perform in any event. This conclusion is most likely to follow where the bailee knows of the