MUTUUM, or loan for consumption, contracts. A loan of personal chattels to
be consumed by the borrower, and to be returned to the lender in kind and
quantity; as a loan of corn, wine, or money, which are to be used or
consumed, and are to be replaced by other corn, wine, or money. Story on
Bailm. Sec. 228; Louis. Code, tit. 12, c. 2; Ayliffe's Pand. 481; Poth.
Pand. tom. 22, h.t.; Dane's Ab. Index, h.t.; 1 Bouv. Inst. logo.
2. It is of the essence of this contract, 1st. That there be either a certain sum of money, or a certain quantity of other things, which is to be consumed by use which is to be the subject-matter of the contract, and which is loaned to be consumed. 2d. That the thing be delivered to the borrower. 3d. That the property in the thing be transferred to him. 4th. That he obligates himself to return as much. 5th. That the parties agree on all these points. Poth. Pret. de Consomption, n. 1; 1 Bouv. Inst. n. 1091-6.