While most warehousing contracts create bailments of the stored goods, other types of agreements may be made covering the subject matter. Of these, the most important are leases of storage space. The essential factor distinguishing a lease of storage space from a bailment of goods is the storer's retaining possession and control over the goods. It cannot be conclusively presumed that a lease rather than a bailment is intended merely because the contract provides for the storing of goods in a certain space in the warehouse. This is true even though the goods are to be placed in a separate room to which the storer is given a key. However, if under the agreement the warehouseman has no control over the storer's access to the premises where the goods are stored, it is generally held that there is a lease of storage space. Of course, the instrument should be drafted to clarify the legal relationship that the parties desire. |