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Pertinent Legal Findings 



LOSS OF LIEN ON TIMBER 

 A soctioii of the Orot;()ii statutes irails: "Any person who shall 

 1 .rniit another to go upon his tiiiilierlauil and out thereon sawlogs, 

 lars, piles, or other timber has a lien upon such logs, spars, piles, 

 iiul timber lor the price agreed to be paid for such privilege," 

 etc. Held, that the lien coutcniplated by this provision is waived 

 as to all logs which the landowner permits to be removed and 

 rafteil away, without collecting the price due thereon, or filing any 

 notice of lien. In such circumstances, he will not be permitted to 

 enforce a lien for the price of those logs against other timber to 

 be cut under the same contract. (Oregon Supreme Court, West 

 Shore Lumber I'ompauy vs. Ilollenbeck, 130 Pacific Reporter 671.) 



RIGHT TO LIEN ON PUBLIC BUILDING 



One furnishing materials for the construction of a public build- 

 ing, such as a school house, is not entitled to enforce a mechanic's 

 lien to secure payment of the amount due him, unless some statute 

 of the state expressly authorizes a lien. (Oklahoma Supreme Court, 

 Western Terra Cotta Company vs. Board of Education of the City 

 of Shawnee, 13ii Paciiic Reporter •'iO.'i.) 



ACCEPTANCE OF OFFER TO SELL 

 I'nder the general rule of law that there can be no contract of 

 sale uuless the seller's offer is uucomlitionally accepted, or he 

 accepts a condition imposed by the buyer, no contract was formed 

 by an offer to sell a quantity of oak, log run, at $16, and mill culls 

 at $8 per 1,000, where the person to whom the offer was made 

 replied that he would take 4/4 oak at $16 and mill culls at $4.50. 

 (North Carolina Supreme Court, Morrison vs. Parks, 80 South- 

 eastern Reporter So.) 



CHECK AS MEDIUM OF PAYMENT 

 "A bank check is not pajment until it is paid, unless the payee 

 accepts it as such: nor does a bank check drawn in the ordinary' 

 form operate as an assignment of any part of the fund standing 

 to the credit of the drawer until it has been accepted by the 

 drawee." Hence, where a creditor erased from a check r.eceived 

 by him a notation stating that the check was received in full 

 payment of his claim, his mere retention of the check did not 

 prevent a third person who held a claim against him from 

 garnisheeing the original debtor. (Georgia Court of Appeals, Kirby 

 Planing Mill Company vs. Titus, 80 Southeastern Reporter IS.) 



REMOVAL OF TIMBER PURCHASED 



When a conveyance of stamling timber merely limits the time 

 ■within which the trees may be severed, the purchaser does not 

 lose title to timber cut, but not removed from the laud, within 

 that time. (Georgia Supreme Court, .Tones vs. Graham, 80 South- 

 eastern Reporter 7.) 



DAMAGES FOE DELAY IN DELIVERY 



Where a seller of a cargo of lumber notified the buyer that the 

 vessel would be ready for unloading "about"' a certain day, but it 

 did not arrive until twelve days later, the buyer is entitled to 

 recover the amount of his damages sustained in direct consequence 

 of the delay. (Florida Supreme Court, Holmes vs. Stearns Lumber 

 & Kxport Comjiany, li?, Southern Uejiorter 449.) 



LIABILITY FOR LOGGING CONTRACTOR'S NEGLIGENCE 



A lumber company, though liable for burning of an adjoining 

 land owner's property through negligence of its employes in per- 

 mitting fire to escape to the property, is not responsible for any 

 such negligence of independent contractors who have exclusive 

 control of the method of doing their work. (North Carolina 

 Supreme Court, Patrick vs. Giant Lumber Company, SO South- 

 eastern Reporter l.jS.) 



INJURY TO LANDS IN FLOATING LOGS 



A company which maintains a dam in a stream in floating logs 

 is liable for injury to lower lands, inflicted by discharging water 

 in destructive quantities outside the channel of the river. (Min- 



nesota Supreme Court, Torgcrson vs. Crookstoii T.uniber Compauy, 

 144 Northwestern Reporter 154.) 



DAMAGES RECOVERABLE FOR SELLER'S BREACH 



Where .-i seller nf :i earliiad of lumlier iiimlvertently shipped it to 

 the wrong destination, but the buyer received it there and 

 reshipped it to the proper destination, without consulting the 

 seller, the buyer is not entitled to recover from the seller the 

 freight charges involved in the reshipment, especially where such 

 expense was in excess of the value of the lumber. (Louisiana 

 Supreme Court, Mercantile Liiinbcr & Supply Company vs. Jones iSc 

 Pickett, 63 Southern Reporter .301.) 



RESPONSIBILITY FOB NEGLIGENCE OF CO-EMPLOYE 



Since Kentucky is one of those states in which an employer is 

 not liable for injury to a workman taused by the negligence of a 

 co-employe, unless the latter had superintendence over the injured 

 worker, or unless he was habitually incompetent, so as to charge 

 the employer with negligence in retaining him, the owner of a 

 planing mill is not liable for injury to an operator of an edger, 

 caused by negligence or recklessness of the engineer of the mill. 

 (Kentucky Court of Appeals, Wiltshire's Administratrix vs. Kister, 

 160 Southwestern Reporter 743.) 



The Handle Trade 



Last summer turned out to be one of the best that the bulk 

 of the handle manufacturers ever experienced. Handles of all kinds 

 were in excellent demand during the entire summer, and instead 

 of the mills being shut down for a month or so during the warm 

 weather as is usually the ease, continuous runs were made. In fact 

 during the fall a great many of the mills were running overtime and 

 had trouble in keeping up with their orders. 



According to the version of some of the leaders in the handle trade, 

 one reason for this seems to be that there has not been any more 

 lumber on the market dry enough for use than is necessary to supply 

 the necessary demand, and handle men have not been able to 

 increase their output as much as they would have liked to. In fact, 

 in some localities it is reported that handle factories have been 

 compelled to stop operations entireh- because of the fact that they 

 have used up their available lumber supply. 



The broom business is in good shape and still continues to take 

 all the output of the numerous broom handle factories. In addition, 

 the vacuum cleaner factories are still running to full capacity. 

 Several of these are turning out an average of 500 machines a week 

 and in addition there is a large number of smaller firms with outputs 

 of smaller proportions. Considering the great number of vacuum 

 cleaners of various kinds 'being turned out every day, it is surpris- 

 ing that the demand for brooms does not seem to decrease. These 

 vacuum cleaning machines are of interest to other lines of wood- 

 work besides the handle man as all of the hand machines have a 

 framework of wood which is covered with metal. 



The rapidly increasing use of hardwood floors has created an 

 extensive market for fuie brushes with which to take care of them 

 properly. That there is an unusual demand for brushes of this char- 

 acter is evidenced by the extent to which they are being advertised 

 and the demand for the handles with which they are equipped. These 

 handles are of the finest make and are all finished in the best way 

 possible. Tlicy bring a very good price and, where handle factories 

 are equipjied to turn them out, constitute a distinct source of revenue. 



The coming of rains and colder weather is not onlj' a reminder 

 to mend the roof and look after the heating equipment, but it 

 should also suggest the advisaliilitj- of putting lumber piles in 

 order, and as much lumber under shelter as practical. 



A border of trees along all those great roadways we expect to 

 build will round out the picture about right and help supply the 

 timber needs of the future. 



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