A delivery to the bailee, either actual1 or constructive 2 is always necessary in order to constitute a contract of bailment.

There is an actual delivery where the acts of the parties show an intention on the one part to make delivery then and there, and on the other part to accept delivery then and there.3

A bailment without delivery is void as against subsequent bona fide purchasers, and generally as against creditors. On the other hand, a bailment with delivery is valid against purchasers and creditors.4

Delivery of possession is not necessary where the parties have agreed that the possession of the thing bailed should remain with the bailor.5

It is also essential to the creation on a bailment that the subject matter of the bailment should be accepted by the bailee.6