August 10, 1917 



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Pertinent Legal Findings 



Queries on guestio7is arising on any points inrolring the law as it is applied to himbcrinri and allied industries loilt ie rjiven proper expert 

 attention through this department if submitted to Hardwood Uecord. There viu he no charge jor such service, but Hardwood Record 

 ••eservcs the right to publish questions and answers without designating names or location of inquiries unless specifically requested not to do so. 



Louisiana Lumber Liens 

 Tnder the Louisiana statute wliich gives a lien against lumber in 

 favor of persons furnisliiug labor in its produi^tion, the lien attaches 

 as soon as the lumber is manufactured and takes priority over chattel 

 mortgages given by the manufacturer upon such product. Where it 

 is impossible to trace the labor which went into the production of par 

 tiiular lumber covered by a chattel mortgage', the amount of labor 

 clf,ims for which a lien may be enforced may be determined, as between 

 the chattel mortgagee and the mannf actiirer "s receiver, by apportion- 

 ing to the quantity of lumber covered by the mortgage the usual cost 

 of labor in that mill for the production of an equal quantity of lumber. 

 (United States circuit court of appeals, fifth circuit; Security Trust 

 Co. vs. Bank of Bernice; 2:!9 Federal Reporter, 665.) 



Liability for Employee's Negligence 

 X lumlier company operating in Louisiana is liable for injury to one 

 employee caused by negligent performance of a co-employee's duties, 

 if the company previously knew that the latter was incompetent or 

 habitually careless. (Louisiana supreme court, Moorefield vs. Bownnin- 

 Hicks Lumber Co., 7.5 Southern Reporter, 672.) 



Inspection or Lumber bv Buyer 

 A firm of lumber manufacturers contracted to sell lumber to a 

 brokerage firm for shipment to various customers of the brokers. 

 The agreement contained a clause to the effect tliat all shipments 

 should be subject to inspection at destination, "with the understand- 

 ing that report as rendered by consignee shall be accepted as original 

 evidence in such inspection." The brokers paid for various ship- 

 ments on the basis of the manufacturers' invoices, but later sued on 

 account of claimed shortages in quantities and defects in quality, 

 and asserted that the consignees ' reports were conclusive on these 

 points. But, in disposing of the case, the Georgia court of appeals 



The Search for Airplane Stock 



The airplane is no longer a plaything or a curiosity. The ajipro- 

 priation of $640,000,000 by congress for building these war machines 

 is proof that the business is not small. That appropriation is larger 

 than any bond issue of our Civil war, and it is all to go into air 

 equipment. For the first time in our history a search has begun for 

 the purpose of ascertaining how much airjilane stock is in our forests, 

 and the kinds suitable. 



The word has already come back from tlie Pacific coast that the 

 supply of Sitka spruce is being listed. The inspection of airplane 

 stock is so rigid that a large tree may yield but a few pieces. They 

 are now searching the forests of the Pacific coast all the way finm 

 California, through Oregon, Washington, British Columbia, into 

 Alaska for choice stands of Sitka spruce. The tree grows only near 

 the coast, in a belt not much more than fifty miles wide. Large 

 numbers of fine trees have been located, but some of them are not 

 convenient to transportation. 



The search does -aot stop with Sitka spruce, but they are invoicing 

 the forests of Port Orford cedar iri Oregon and the yellow cedar 

 northward to Alaska. Much airplane stock can be supplied from 

 these trees. They are experimenting with Douglas fir, and if it is 

 found available, the problem is solved without looking further, for 

 there is enough Douglas fir to build a million airplanes. 



The red spruce of West Virginia is the finest in the world and 

 there is lots of it. Then, there is ash enough in the lower Mississijjpi 

 valley to supply enormous quantities of airplane .stock, and plenty of 

 walnut for propellers; plenty of metal for the motors, and plenty of 

 men to drive them. 



Our ordinary spruce and yellow pine will provide better airplane 

 stock than the best Germany has; and if the air war depends on 

 superiority of material (wood, steel, and men) it may be put down 



holds that such reports were only pertinent I'videncc on the ([Ucstions 

 and not conclusive against the manufacturers' right to show by other 

 evidence that the contract grades and (|uantities were actually deliv- 

 ered. (H. D. Chajjman & Co. vs. Marshall Bros., 92 Southeastern 

 Reporter, 964.) 



EXCESSIVENESS OF PERSONAL IN.JURY VeRDICT 

 Where a sawmill company's pondman's leg was so badly crushed 

 in an accident attributable to negligence of the company as to he 

 practically useless, a verdict for ,$7,500 in his favor cannot be regarded 

 as illegally excessive. (Louisiana supreme court, Miley vs. Louisiana 

 Sawmill Co., 75 Southern Reporter, 214.) 



Legal Aspects of Lumber Sales 

 Although it is true that ordinarily a seller will not be entitU-il to 

 sue to recover the agreed price of lumber or other goods, until he has 

 delivered or offered to deliver at the place agreed upon, a manufac- 

 turer of specially manufactured millwork is entitled to recover the 

 price on notifying the buyer that the work is ready for delivery ami 

 the latter fails to designate the place where delivery is required, as 

 [irovided for in the contract. But a seller has no right to withhold 

 delivery in order to enforce payment under independent contracts 

 between the same parties. (Kansas City court of appeals. Central 

 Lumber & Manufacturing Company vs. Reyburn, 195 Southwestern. 

 Reporter, .576.) ~^- 



Right to Lien on Lumber . 



Under a contract for sale of lumber, the buyer agreeing to make . 

 advances to be refunded on his resale of the lumber and allowance 

 to him of a commission and interest on the advances by the seller, 

 the buyer, if not a purchaser in the strict legal sense, was nevertheless 

 entitled to lumber covered by his advances, as against a lien asserted 

 bv the seller of timber from which the lumber was manufactured. 



as a foregone conclusion that William will not only soon see the hand- 

 writing on the wall but also in the heavens above the wall. 



Getting Past the Front Office 



This is the real test of a lundier salesman : his ability to get past 

 the front oifice. 



The solicitor who can only reach the desk of the buyer, make his 

 little speech, and go out, is necessarily superficial in his canvass of 

 the customer. He doesn 't know- enough about his business to be able 

 to get down to rock-bottom, and until he can do that his solicitation 

 nuist be made along purely routine lines. 



The real salesman, of course, is able to sell himself before he tries 

 to sell his firm's lumber. He inspires confidence on the part of the 

 customer, making the latter feel that here is a man who knows his 

 business, who understands consumer conditions, and who possibly can 

 offer suggestions worth having. 



When this point has been reaeheil, the liuyer is willing that the sales- 

 man see his factory, understand the special requirements of his cut- 

 ting department, and get a line on the products he is making and the 

 grade of goods he is endeavoring to turn out. The salesman who has 

 an opportunity to make a trip through the factory of the consumer, 

 getting past the front office to the place where lumber is being cut to 

 size and put together, is bound to profit, if he is at all observant, and 

 knows the game as he should. He should be able to solicit the pros- 

 pect 50 per cent more effectively because of the thorough knowledge of 

 the situation acquired in this way. 



Of course, th^re are some suspicious buyers who would not know- 

 ingly permit a lumber salesman to see the stock going through their 

 plant. But the average consumer is a human being, just like other 

 people, and if the salesman makes the right kind of impression, there 

 is no reason why he should always tarry in front. 



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