October 10, 1917 



HARDWOOD RECORD 



31 



(Continued from page 27) 

 has not been closed down for fifteen years, except for 

 incidental repairs, indicate clearly the delicate balance 

 obtained between the demand and supply. This pres- 

 ent state of affairs is the result of thirty-six years" experi- 

 ence given over to a constant and continuous study of 

 newly arising problems, involving the successful manu- 

 facture and administre».tion of the business. 



The pleasing surroundings of the plant, inside and 



out, with its modern labor-saving methods, attract work- 

 men of high calibre who take an interest and pride in 

 producing a product of superior quality. 



The success of this industry proves the modern theory 

 that there are many things an employer may give to his 

 employe aside from money, which are mutually profit- 

 able and help make life more pleasant for both. 



The next issue will contain a sketch of the Hartzell 

 veneer mills and dimension and panel plant. 



WMt!^ia5(:iiaia?t!»iataiW^*W^t:Jt^^ 



Pertinent Legal Findings 



Queries on guesfions ariMng on any points involving the law as it is applied to lumbering and allied industries will he given proper expert 

 attention through this department if submitted to Haedwood- Record. There tcill be no charge for such service, but Hardwood Uecord 

 '■eserves the right to publish questions and answers without designating names or location of inquiries unless speciftcaUy requested not to do so. 



Aspects of Fire Insurance 



A fire iusurance company by consenting to an assignment of 

 policies covering lumber, made by a seller of the lumber to a buyer, 

 in effect makes a new contract for insurance with the buyer. The 

 mere fact that an adjuster for the company makes an investiga- 

 tion concerning a loss and causes an appraisement of values does 

 not amount to a waiver on the part of the insurance cmpany of a 

 policy requirement for proof of loss. But a denial of liability 

 made by an apparently authorized representative of the insurer 

 amounts to a waiver of such proof of loss. (Michigan supreme 

 court, Wilms vs. New Hampshire Fire Insurance Co., 161 North- 

 western Reporter, 940.) 



Authority of Partners 



Where a partnership was formed for the purpose of manufac- 

 turing timber products, a member of the firm had implied power 

 to bind it by the purchase of a sawmill suited to the firm busi- 

 ness. And, even if he was not authorized by his associates to 

 make the purchase, the partnership 's retention and use of the 

 mill amounted to a ratification of the purchase which binds the 

 firm. (Texas court of civil appeals, Dobie vs. Southern Trading 

 Co., 193 Southwestern Reporter, 195.) 



Lumber Rejection by Buyer 



Au accepted order for quartered oak lumber, "flooded stock, 

 but very well washed and cleaned," constituted a binding contract 

 of sale, carrying with it an implied warranty by the seller that 

 the lumber would be of the character mentioned in the order and 

 if the lumber was not up to the agreed grade, the buyer was en- 

 titled to reject it. Unloading at the request of the seller's repre- 

 sentative to save demurrage did not amount to an acceptance of 

 the shipment. (Boss Attley Lumber Company vs. Columbia Hard- 

 wood Lumber Company, 200 Illinois Appellate Court Reports, 65.) 



Seller's Failure to Deliver 



When the buyer of lumber notifies the seller that deliveries are 

 being delayed in violation of the contract of sale, and notifies the 

 seller that if the lumber is not delivered by a date stated, the buyer 

 will go into the market and buy lumber of the same kind and 

 charge the seller with the difference in price, and the seller replies 

 that he w-ill make no further delivery, the buyer may make a 

 substitute purchase immediately, without waiting for the expira- 

 tion of the time mentioned in the notice to the seller. In such case 

 the buyer 's damage is to be assessed with reference to the market 

 value of lumber of the contract kind at the place agreed upon for 

 delivery. A written contract for sale of lumber cannot be con- 

 tradicted or enlarged by a showing of verbal negotiations had 

 before the written contract was executed. (Welty vs. Parry, 65 

 Pennsylvania Superior Court Reports, 553.) 



Buyer's Rights Under Sale Contract 



Where the contract for a sale of a lumber drying kiln contained 

 a provision under which the seller warranted the condition and 



capacity of the apparatus, and under which the buyer bound him- 

 self to notify the seller of any failure of the kiln to work properly, 

 permitting the seller to attempt to remedy the defective condition, 

 the purchaser was not entitled to return the equipment as not 

 being up to contract without first giving the seller notice and 

 affording opportunity to the latter to put the kiln in proper condi- 

 tion. (United States circuit court of appeals, second circuit; Stave 

 & Timber Cc^poration vs. A. H. Andrews Co.; 242 Federal Reporter, 

 230.) 



Testing the Railroads 



More than a million men are to be moved quickly by the railroads 

 of the United States. The movement has commenced, and it is ex- 

 pected to continue approximately one month. This movement includes 

 350,000 National Guards and 687,000 men for the new national 

 army. They are being carried from their homes to the various 

 training camps which are scattered from Canada to the Gulf and 

 from New England to the Pacific Coast. The trains will pick them 

 up at 4,531 points and carry them to their destinations. There are 

 needed 4,714 trains of seventeen cars each, including freight as well 

 as passenger trains. In addition to transporting the men, the rail- 

 roads must feed them while on the way. This is being done in various 

 ways, in dining cars, in eating houses, and with lunch boxes served on 

 the trains. 



This is the largest troop movement ever undertaken in the United 

 States. During the Civil War, on one occasion, 22,000 troops were 

 carried from Washington, D. C, by way of Ohio, Kentucky and 

 Tennessee, to Knox\'ille, in twelve days, bridging the Ohio river at 

 Parkersburg, W. Va., en route. That was classed as a great event, 

 and it was justly celebrated as such; but it was an average movement 

 of less than 2,000 a day, while our present mobilization calls for the 

 movement of about 30,000 a day — supposing that the mobilization 

 will be completed in a month. 



This is being done without interrupting the ordinary trafloie of 

 the raOroads. At the time of the movement of the 22,000 troops, at 

 the time of the Civil War, all other traffic was absolutely suspended 

 over the lines concerned, and the railroad man in charge of the 

 movement (President Garrett of the Baltimore & Ohio Railroad) was 

 given supreme power by President Lincoln to seize all materials 

 needed, and to arrest any one, even Union generals, who attempted 

 to interfere with him. 



The movement now under way, though carrying fifteen times as 

 many men a day, goes on so smoothly that no civilian passenger and 

 no shipment is interfered with. This is a wonderful exhibition of 

 the organization of our railroads and of the resources of our country. 

 It is not quite possible to compare it vrith the mobilization of Euro- 

 pean armies, because it is not known just how many men were moved 

 there in a given time. It is said, however, that during the first 

 eighteen days of the war Germany moved 2,000,000 men, and used 

 26,000 trains for the mobilization. 



