A warehouseman, in the absence of some lawful excuse provided by this chapter, is bound to deliver the goods upon a demand made either by the holder of a receipt for the goods or by the depositor, if such demand is accompanied with:
(a) An offer to satisfy the warehouseman’s lien;
(b) an offer to surrender the receipt if negotiable, with such indorsements as would be necessary for the negotiations of the receipt, and
(c) a readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the warehouseman.
In case the warehouseman refuses or fails to deliver the goods in compliance with a demand by the holder or depositor so accompanied, the burden shall be upon the warehouseman to establish the existence of a lawful excuse for such refusal.
History —Feb. 21, 1918, No. 9, p. 22, § 8.