HARDWOOD RECORD 



23 



a system of this kjnd, wliich coulii be presented, if necessary, to 

 the buyer of dinieiisiou lumber iu support of the prices asked for 

 the material, members of the trade mifiht be in a better position 



to !usk and get the kind of prices that are necessary in order to 

 make the business self-supporting, and therefore stable and per- 

 manent. 



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RIGHT TO RESCIND TIMBER CONTRACT 



One who iiiiitracti'd to buy stundiu^ timlicr was cntilled to rescind 

 the contract and recover the price paid on discovering that the 

 timber was on a different tract of land from that he had in mind, 

 he having never been in the locality of the land and having relied 

 upon a report of an agent who examined the wrong tract. This 

 decision rests, however, upon a finding that neither the purchaser 

 nor his agent was guilty of any negligence in failing to ascertain 

 the identity of the timber contracted for. (Arkansas Supreme 

 Court, Fleischer vs. McGehee, 16.'? Southwestern Reporter 109.) 



CONCLUSIVENESS OF SCALER'S MEASUREMENTS 



When timber is ^old under an arrangoniout for its measurement 

 by a scaler to be appointed by the purchaser, his measurement is 

 not conclusive against the purchaser, unless the contract so pro- 

 vides. (Minne.-sota Supreme Court, Owen vs. J. Neils Lumber Com- 

 pany, H.'j Northwestern Reporter 402.) 



PHASES OF LICENSES TO CUT TIMBER 



The riglit to cut timber from the land of another is a personal 

 property right which may be transferred by bill of sale. The lieu 

 of a seller of timber to secure payment of the agreed price is 

 not terminated by his acceptance of notes covering the price. 

 (United States District Court, District of Maryland; CuUen vs. 

 Armstrong; 209 Federal Reporter 704.) 



CONTRACTS NOT- TO RE-ENGAGE IN BUSINESS 



An agreement In' a partnership, on selling its liusiuoss, not to 

 re-engage in the same line of business in the same town in compe- 

 tition with the purchaser will not Ije construed as preventing one 

 member of the firm from setting up a competing business, unless 

 the contract is so worded as to manifest an intention of the parties 

 to preclude competition by the individual members of the partner- 

 ship, as well as by the firm itself. It is doubtful that this rule 

 would be applied in all the states, but the Iowa Supreme Court 

 adheres to it iu the case of Rapalee vs. John Malmquist & Son, 145 

 Northwestern Reporter 279. The position taken by the court is that, 

 since such contracts are disfavored by the law as tending to restraint 

 of competition, they will be given no broader effect than was clearly 

 intended by the parties. 



PROTECTION OF TRADE-NAMES 



In deciding that a i-oMijiany which had established a valuable 

 reputation as manufacturer of ''security ladders" was entitled 

 to enjoin a newly organized rival company from adopting the name 

 ' ' Security Ladder Company, ' ' the Indiana Appellate Court recently- 

 announced this principle of law in the case of Hartzler vs. Goshen 

 Chum & Ladder Company, 104 Northeastern Reporter 34: Any 

 conduct which naturally tends to deceive the public as to the source 

 of manufacture of an article constitutes unfair competition with 

 the aggrieved manufacturer, against which the courts will grant 

 relief. This principle is not restricted to cases where a manu- 

 facturer has acquired a technical right to the exclusive use of a 

 trade-mark or a trade-name, but extends to marks and names, which, 

 though originally not subject to exclusive appropriation, have come 

 to be understood by the public as designating a particular product. 

 In announcing this last mentioned rule, the Indiana court follows 

 the doctrine which is announced by all the courts to the effect that, 

 although all persons engaged in the same line of business have 

 equal right to use geographical, descriptive or personal names to 

 designate their product, the courts will enjoin one manufacturer 

 from adopting such a name after it has been previously appropriated 

 by a competitor and has come to be understood by the public as 



identifying the latter 's proiluct. .So iii tliis case, tlic word • " Sei-ur- 

 ity, " as applied to lad<lcrs, would probably be held by all the 

 courts not to bo subject to appropriation as a valid trade-name, 

 since every manufacturer of a safe ladder is, in the first instance, 

 entitled to use any word of the English language which is descrip- 

 tive of that quality. But, manifestly, after the trade has come to 

 understand that a certain brand is produced by a certain manu- 

 facturer, use of its name should be protected against invasion by 

 a competitor. Another principle announced in the case above cited 

 is that, in order to maintain a suit on the ground of unfair compe- 

 tition, it is unnecessary for the complaining manufacturer to show 

 that the trade has been actually deceived by defendant's use of 

 the same name, or that defendant intended such deception; it being 

 sufficient to entitle plaintiff to relief that there is a tendency to 

 deceive the public. 



LIABILITY FOR ESCAPE OF FIRE 



The legislature of a state may validly provide that one shall be 

 liable in double damages for injury caused another by the former 

 negligently or willfully permitting fire to escape from his premises, 

 but a law fixing liability for actual damages ensuing from a purely 

 accidental or unavoidable fire is invalid. 



WAIVER OF DELAY IN DELIVERY 



A buyer's acceptance of goods after the date when the seller has 

 contracted to deliver them waives any right to rescind the contract 

 on account of the delay, but does not prevent the buyer from making 

 a claim for damages resulting to him through the seller's failure 

 to make the delivery within the stipulated time. 



Baltimore Export Figures Startling 



That the decline in the export business is not a mere transitory 

 development, yielding after a short time, is again plainly shown in 

 the statement of shipments from the port of Baltimore for February 

 as compared with the corresponding month of last year. This state- 

 ment discloses a falling off in the forwardings that amounts to more 

 than fifty per cent and does not leave any reservations, the conditions 

 having been such that the reduction must be attributed to imsatis- 

 factory trade conditions abroad, and not merely to exceptional cir- 

 cumstances. It is again oak which shows the greatest reaction, this 

 wood having being in such plentiful supply abroad or perhaps the 

 requirements being so low that prices dropped below the level of 

 which there could be any thought of the shippers here coming out 

 with a margin. Poplar and practically all other woods were affected 

 by the unprofitableness of the foreign markets, and the situation had 

 become so bad as to effectually check the shipments. The state of 

 the export business for February is strikingly shown in the export 

 figures, which contain the following facts: 



1914. 19i:{. 



LOGS. Quantity Ft. Value. Quantity Ft. Value. 



Hickory 40,000 |1,422 190,000 $15,949 



Oak . ." 4.000 100 



Walnut 120,000 6,867 166,000 12,836 



All others 50,000 1,964 33,000 1,240 



LUMBER. 



Oak 807,000 26,482 2,445,000 82,723 



White Pine 3,000 116 



Poplar 155,000 8,056 205,000 7,626 



Spruce 43,000 1,100 



All Others 137,000 6,894 257,000 10,840 



Staves 3,953 415 81,517 8,015 



All other kinds of lunihcr 12,025 10,130 



Doors 9.184 



Furniture 1.118 2,375 



Trimmings 1.484 



All Other manufactures of wood 20,514 37,601 



