March 10. 1922 



HARDWOOD RECORD 



31 



brought buyer's attention to the fact that seller's acknowledgment did not 

 specify "kiln dried" stock. However, seller asked buyer to have the stock 

 examined and advise as to the best settlement that could be made. After 

 considerable correspondence an agreement was reached between the par- 

 ties to settle on a basis of $25 per thousand reduction on the amount com- 

 plained of. or a total of $51.15. Debit memorandum for this amount was 

 sent by buyer to seller on April 13. 19*J1. On the same date seller wrote 

 buyer that although he had authorized settlement on the basis mentioned, 

 he nevertheless felt the loss should be divided equally between them. 



THE DISPUTE : The seller contended that it was the duty of the buyer 

 to have carefully checked seller's acknowledgment of the order and to 

 have promptly notified him of any discrepancy found therein. Having 

 failed to do this seller contended that, although at fault himself through 

 failure to note that buyer had specifietl "kiln dried" stock, the latter was 

 likewise partially responsible for reason stated, and should, therefore, bear 

 a part of the resulting loss. Seller further contended that he was led to 

 believe from commission man's circular that the item in question was not 

 required to be "kiln dried" and that the price offered was seller's price 

 for "air dried" stock. 



The buyer contended that his order specified clearly and definitely that 

 all stock was to be "kiln dried" : that there had been no direct and pre- 

 vious communication pertaining to the transaction between the buyer and 

 the seller ; that the buyer was in nowise responsible for errors or omis- 

 Bions on the part of the commission man in the transaction, and that the 

 seller was placed on due notice of the fact that the stock must be "kiln 

 dried," irrespective of what impression seller may have gained from the 

 circular received from the commission man. P.uyer further contended that, 

 in view of the fact that no definite objections were made to the terms of 

 his order, he had every right to assume that it was not the purpose or inten- 

 tion of the seller to make a material variation in its specifications, and 

 that, therefore, he should not be called upon to presume error or omission 

 on the part of the seller, and that therefore the seller should assume full 

 responsibility for the loss as per agreement. 



THE I>ECISION : It is held: First — That seller by accepting and 

 shipping buyer's order, without making specific objection to any of the 

 specifications therein contained, thereby implied acceptance of all its terms, 

 conditions and specifications, even though he overlooked enumerating all 

 details in his formal acceptance. 



Second — That seller therefore breached the contract by shipping "air 

 dried" instead of "kiln dried" stock on the item in dispute and is there- 

 fore responsible to buyer for the loss resulting from such breach. 



It is therefore held: That seller should pay buyer the sum of $51.15 

 with interest at legal rate from April 13, 1921. 



The Mail Bag 



I 



B 29 — Heated Flooring Warehouse? 

 "Cincinnati. O. — Editor Ilardwooil Ri-coril : Wr ari- figuring upon 

 putting up a warehouse for storing hardwood flooring in the liest possible 

 manner. We have no very severe winters here but rather have a great 

 deal of wet weather throughout tlie winter and early spring. Should this 

 warehouse lie heated or notv Woubl it be better to have a concrete or 

 cement floor or a wood floor on Joists and eli'vated aliove ground sufficient 

 to allow free circulation of air underneath 7" 



So far as the matter of warehousing of hardwood flooring, is concerned, 

 the writer has. of course, visited many flooring warehouses and does not 

 recall anv which did uot give evidence of a hcatwl arrangement. It has 

 always been the writer's contention, though, that any wood product can 

 best 'be maintained in the rate of proper temper by regulation of humidity 

 whicli can be regulated through temperature, at least to a fairly satis- 

 factory extent. For instance, warm air is in more expanded condition 

 than cool air and thus will absorb more moisture. Therefore when con- 

 ditions are humid it naturally will decrease the humidity in any given 

 chandler of air and increase the temperature, allowing for overflow of 

 surplus air as the temperature increases. Personally, as stated, the writer 

 believes that a certain measure of tem[ierature control is desirable. 



.\s to the use of concrete as compared to wood floors, we are personally 

 of the lielief that vou wimld find mill I'onstruction to be satisfactory for 

 all practical purposes. However, we do believe that in any case it would 

 be well to allow tor free circulation of air underneath the floor. In the 

 event that you use concrete, we believe that it should be well protected 

 against moisture. The writer has frequently seen concrete floors built 

 with a layer of tar or tarred paper, or some similar moisture-resistant ma- 

 terial which gives very satisfactory guarantee against moisture absorption. 



One advantage of the concrete construction is, of course, that after 

 yon once get it regulated to the proper temperature it is more apt to 

 stav at the desired point than the mill construction which obviously will 

 give nir its heat more frequently. Side walls in each case, we assume, 

 would be of brick which should be quite satisfactory. 



We •wfil lie pleased to publish this part of your inquiry in our next issue 

 and tffl call the attention of certain ffooring people to it Without specifically 

 me^t^oning your name, and see if- we can get any further information for 

 you on the "subject. — Editor. 



B 25 — Has Mixed Hardwoods 



W. Va.. Jan. 13. — Editor II.\ai>wooD Recoud : Wc are looking for a 

 market for material running largely "ixl and I'/i, small percent 10 to 30" 

 long. This would be mixed hardwoods and small percent oak, larger per- 

 cent would be clear. We accumulate this in the manufacture of tin plate 

 box rails, and will make reasonable price to anyone Interested. 



COMI'A.W. 



B-66 — Know Anything About "Camalak?" 



One of our subscribers has sent us au inquiry almut a woo<l known as 

 "Camalak." Rumor hath it that this wood comes from a section of 

 Europe known as the "Near East." If any of our readers have ever heard 

 of this wood or know anything about it, we would appreciate hearing from 

 them. 



Clubs and Associations 



Canadian at South Bend Club 



Fully fifty members and guests of the Suutli Itend Hardwood Club 

 attended the regular meeting and luncheon at the Indiana Club rooms 

 Monday, February IS. The guest of honor and principal speaker was 

 A. E. Clark of Edward Clark & Sons. Ltd., of Toronto. Ontario, president 

 of the Canadian Lumbermen's Association. 



Mr. Clark stated that conditions in Canada were quite similar to those 

 in this country. One of the greatest difflculties was the high freight rates, 

 which make it impossible to move low grade lumber to distant markets, 

 causing an accumulation of the lower grades or compelling sales at prices 

 far below the cost of production. This in turn has forced many mills to 

 discontinue operation entirely, causing a scarcity of the upper grades and 

 consequent high prices. 



He also estimates that because of the Inability to dispose of the lower 

 grades at reasonable prices the cut of hardwoods in Canada would not 

 exceed 50 per cent of normal. 



Mr. Clark expressed the general feeling of friendliness which exists 

 between the two countrie.s, and now that the exchange difficulty was 

 greatly diminished he hoped that no tariff barriers would be built up which 

 might prevent an increase in the volume of business between the two 

 countries. 



Simonds Urges Study of Science of Business 

 A brilliant plea was made to members of the Lumbermen's Club of Mem- 

 phis, at their regular monthly meeting March 4. by Alvan T. Simonds, 

 president of the Simonds Manufacturing Company, of Fitchburg, Mass., 

 to devote more time and study to the underlying science of business in 

 order that they might he in position to more intelligently gauge what 

 conditions for the future will be. 



"You owe it to yourselves, your comnuinity, your state and the nation," 

 he said with vigorous emphasis, "to acquaint yourselves with the under- 

 lying science and principles of business because they are unchangeable 

 and because they furnish the only means of Intelligently forecasting what 

 the future has in store for you." 



Mr. Simonds was the honor guest at the meeting. He is making a tour 

 of the country studying and lecturing on business conditions for the future 

 and his address was warmly received. 



He did uot favor licensing of business men on the basis of proven fitness, 

 but he pointed out that it is unfortunate for the country as a whole that, 

 while doctors, lawyers, plumbers. Ixiilermakers and many others were 

 required to secure licenses, business men were permitted to go into business 

 without any knowledge of the principles and science thereof, frequently 

 with detriment to themselves and to others who dealt with them. He 

 advocated that business men send their sons to some high-class college 

 or school teaching the theory of business before turning them loose on 

 the world. 



Mr. Simonds tobl th>' luniliermcn that their business would be better in 

 1922 than it was in 1;I21. but that any improvement now would prove 

 rather temporary. He exhibited charts showing the range of the cost of 

 living and commodity jiriccs tor the past seven years anil he ileclared that 

 business conditions in Ibis country will not be good until the farmer is able 

 to sell his products at a price that represents a fair exchange for the com- 

 modities he has to buy because the farmers represent practically 50 per 

 cent of the population of the United States and because they play such an 

 important part in the prosperity of the country. He also asserted that 

 until commodity prices as a whole and the cost of living are closer than 

 at present stabilized business 'conditions will probably not be experienced. 

 President Thompson requested T. E. Sledge, of the sales committee of 

 the club, to ascertain whether or luit the sales code committee appointed 

 by the National Hardwood Lumber Association, of which Earl Palmer is 

 chairman, had yet formulated a code aiul to procure a copy thereof for 

 submission to the next meeting if it had been formulated. 



.1. H. Townshend, chairman of the traffic eommittee. told the lumbermen 

 that the new rates on haixlwood lumber to Central Freight Assocliltlon 

 territory would become effective March 13-15 and that those to Eastern 

 Trunk Line territory would go into effect about March 25. 



