HARDWOOD RECORD 



27 



DEI^Y IN MAKIKG SHIPMENTS 



A lumber company is not liable for damages arising from ilelay 

 in delivering a shipment of lumber, arising from inability to pro- 

 cure cars, where the buyer's order was accepted 'subject to un- 

 avoidable delays. (Iowa Supreme Court, Wni. Cameron & Com- 

 pany vs. Cedar Rapids Lumber Company, 144 Northwestern Re- 

 porter 5S'2.) 



BUYER'S BIGHT TO REJECT I.T7MBER 



Plaintiff contracted to sell defendant 150,000 feet of lumber, 

 more or less, of a certain grade; 100,000 feet to be of certain 

 dimensions and to be paid for at $11 a thousand, and 50,000 

 feet of other dimensions at $9 a thousand. Held, that defendant 

 was bound to receive so much of the lumber delivered under the 

 contract as conformed to the agreement, although entitled to 

 reject any lumber which failed to come up to the grade contracted 

 for, and that, therefore, defendent was not excusable in refusing 

 to accept any lumber offered for delivery because fifteen per cent 

 of the contract quantity was "No. 2 common" instead of "No. 1 

 ■ ommon," the grade bargained for. (Texas Court of Civil Appeals, 

 Scaulan vs. Hlaml it Fislier T,uml>or Company. I'il Southwestern 

 Ixi'portcr 4(11. i 



LIABILITY OF CONSIGNOR FOR FREIGHT CHARGES 



A shipper of freight is personalh' liable to the railway company 

 for the freight charges, regardless of whether he is the owner of 

 the shipment, unles.s, to the railway company's knowledge, he is 

 making the shipment as agent for another person. (Texas Court 

 of Civil .\ppeals, Chicago, Rock Island &- Gulf Railway Company 

 vs. Floyd. H31 Southwosteru Reporter 9'jI.i 



WRITTEN GUARANTY OF PAYMENT NOT NEEDED 



A statute in force in nearly every state provides that a eon- 

 tract to pay a debt owing by a third person shall not be enforce- 

 able unless it is evidenced by some writing signed by the person 

 to be bound by the agreement. The Arkansas Supreme Court 

 recently held, in the ease of Brinkley Car Works & Manufacturing 

 Company vs. Cook, Kil Southwestern Reporter 1005, that this 

 statute did not apply to a promise by defendant to pay the price 

 of lumber sold to a third person, where defendant was indebted to 

 the buyer and where the seller of the lumber omitted to file a 

 mechanic "s lieu on the strength of defendant 's promise to pay 

 the price. Defendant was held liable on his oral promise to pay 

 for the lumber, on the theory that his rontrnr-t wns an original 

 undertaking upon a now eonsiileraticjii. 



ACCEPTANCE OF LUMBER BY BUYER 



A person who contracted to buy lumber did not lose his right to 

 reject deliverj- of inferior lumber by using a small part of it, 

 while negotiations for an adjustment of the transaction were pend- 

 ing between the parties, he having offered to pay for the quantity 

 used. (Texas Court of Civil Appeals. Continental Lumber & Tie 

 Company vs. Miller. IHl Southwestern Rejxirtcr 9l'7.) 

 REDEMPTION OF PAY CHECKS 



The Louisiana Supreme Court lately sustained the validity of the 

 law of that state which requires checks, punch-outs, tickets, etc., issued 

 to employes for their services to be redeemed in current money, on 

 demand. (Regan vs. Treciont Lumber Comjiany, 63 Southern Reporter 

 X74.) 



RECEIPT OF CHECK AS FINAL SETTLEMENT 



The mere fact th:it the buyer of a (•arloa<l of Inrnhcr simhIs the seller 

 .•I check for a certain amount, bearing an indorsement or notation upon 

 it to the effect that it is sent in full paj-ment of all demands due the 

 seller, does not constitute payment in full if the check is for a smaller 

 amount thali is admittedly due, although the seller retains the check 

 and cashes it. (^Alatiaina Com* <>1 .\|>]ie:ils, Louisiana l.nniber Coni- 

 panv \s. .1. \V. K:irriiii LiunluT CipmiKniy, li:i Sonflicni licpcirter 788.) 

 RIGHT TO PENALTY FOB BREACH OF CONTRACT 



Although a contract for delivery of logs at a sawmill provides for a 

 penalty for breach by one of the parties, the other party will not be 

 permitted to recover it, if the default is attributable to the fault of 

 both parties. (West Virginia Supreme Court of Appeals, Mitchell & 

 McNeeley vs. Davis, 80 Southeastern Reporter 493.) 



PRINCIPLES GOVERNING SALE OF LUMBER 

 Two important rules of law applicable to lumber sales contracts were 

 recently announced by the United States district court for the western 

 district of Michigan, in the case of A. G. Lehman Company vs. Island 

 City Pickle Company, 208 Federal Reporter 1014. The first point is 

 that if a manufacturer contracts to sell a quantity of certain com- 

 modities he is entitled to deliver articles of the contract kind produced 

 by another, unless tho contra<-t of sale expressly requires the articles 

 to be of the seller's manufacture. The court adds that this rule 

 applies although when the contract is made the parties both believe 

 that the articles will be of the seller's manufacture. The other point 

 decided is that when one who has contracted to sell goods repudiates 

 the agreement and refuses to make delivery, the buyer's only remedy 

 is a claim for the damages resulting to him in consequence of the 

 breach; he has no right to sue to compel the seller to comply with 

 the terms of his contract — a remedy which is open under a contract 

 to sell land. 



BENT FOR STORAGE OF LUMBER 

 The mere fact that a seller of lumber stored other lumber on the 

 buyer's premises did not imply a promise to pay rent for the space 

 occupied, although it might be found from all the surrounding facts 

 and circumstances there was an understanding for the payment of 

 rent. (Arkansas Supreme Court, Harris vs. Eagle Box Company, 

 162 Southwestern Reporter 49.) 



RIGHT TO BENEFIT OF MILLING-IN-TRANSIT PRIVILEGE 

 A shipper of lumber resawed in transit was not entitled to the 

 benefit of a nulling-in-trausit privilege where the lumber was shipped 

 from the mill under lower rates, fixed on order of a state railroad 

 commission, than were in force when the lumber was shipped to the 

 mill, one of the conditions upon which the privilege was granted be- 

 ing that a certain rate would be charged on the outbound shipment, 

 and that rate having been reduced and the shipper having taken ad- 

 vajitage of the reduction. (United States Circuit Court of Appeals, 

 Eighth Divisioii: Carson Lumber Company vs. St. Louis & San Fran- 

 cisco Railroad Company; 209 Federal Reporter 191.) 



A New and Interesting Process 



It would seem that wide possibilities liave been opened up through 

 n process for simultaneously bleaching and extracting the coloring 

 matter from woods, which has recently been perfected and placed 

 upon the market. The editors of Hardwood Record have seen 

 samples of wood treated with this preparation, which is a patented 

 article, and in some cases the results have been really astonishing. 

 For instance, a specimen of mahogany was shown which had been 

 bleached out by this process and it is diflicult to imagine a more 

 beautiful wood surface than the white, satiny piece which resulted. 

 It would also be difiieult to imagine anything more peculiarly 

 adapted to piano work for the gorgeous drawing room or music 

 room than this unusual class of wood. In fact negotiations have 

 actually been completed with several piano concerns which will 

 result in their placing at least a limited number of their pianos 

 on the market finished in this way. The process has also been 

 used iu connection with bird's-eye maple, entirely eliminating the 

 objectionable yellowish stain which results from the ageing of this 

 wood. It iS" used on red maple to make it white, on red birch to 

 make it wliite and on other woods such as basswood and similar 

 species which go into kitchen utensils. 



The possibilities are too broad to enumerate. The idea of the 

 process is to render different colored pieces of an equal color or to 

 make colored wood absolutely white, as after the wood has attained 

 the desired grade of whiteness any finish can be applied and the 

 wood can be oiled, stained, shellacked or varnished in the usual way 

 without any danger of future change in its color. This is a great 

 advantage over the old method of whitening wood with oxalic acid. 



One process for which it is particularly recommended by the 

 makers, Francke, Phillipsan & Co. of Chicago, is in the whitening 

 of hardwood floors after they have been laid. This will make the 

 selection of flooring material a much easier proposition, as uni- 

 formity of color when laid will not be entirelv essential. 



