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Pertinent Legal Findings 



Bight of Innocent Purchaser of Lumber 

 Plaintiff sold a carload of lumber to the Alexander Page Company 

 under an agreement that ninety per cent of the price should be paid in 

 cash on presentation of invoice and bill of lading. Plaintiff shipped 

 the lumber under a bill of lading which named the Page company as 

 both shipper and consignee, but when the invoice and bill of lading 

 were presented to that company a representative asked permission 

 to hold the invoice and bill of lading while the invoice should be 

 checked. A few hours later the company transferred the bill of lading 

 to the Pioneer Lumber Company, which is found to have paid full value 

 for the lumber and to have acted innocently, and the Page company 

 refused to make any payment to plaintiff. Held, that title to the lum- 

 ber had not passed to the Page company, since the sale was made sub- 

 ject to' a cash payment, which was not made and was not waived by 

 plaintiff, and therefore the Page company passed no title to the 

 Pioneer company, and plaintiff is entitled to recover possession of the 

 shipment. "The general rule is that, where goods are sold upon 

 condition that the price therefor shall be paid upon receipt of an 

 invoice of the goods, the sale is for cash, and the title remains in the 

 seller until the goods are paid for. This is true, although the goods 

 have been delivered to the consiguoe anil sold by it to a bona fide 

 purchaser without notice. » ♦ ♦ The fact that the Page Lumber 

 Company was named in the bill of lading as both consignor and con- 

 signee does not change the rule. ' ' 



Responsibility for Injury to Employe 

 In a suit against a lumber company for injury to an employe, 

 caused by logs rolling down a hillside when released by burning of 

 supporting props for which the employer was not responsible, re- 

 covery was denied on the ground that the fire was the direct cause 

 of the accident, within the rule that an employer is liable for in- 

 juries to his workuien only when the same is caused directly by 

 some negligent act on his part. (Oregon supreme court, Chambers vs. 

 Everding & FarreU, 14.3 Pacific Reporter 616.) 



Effect of Timber Deed 

 A conveyance of all timber standing on land, including trees of a 

 certain diameter and those which attain that 

 size within ten years, gives the purchaser a 

 present interest in all such trees, although 

 enjoyment of the right to cut the latter 

 class is postponed until they attain the re- 

 quired diameter. (Xorth Carolina supreme 

 court, KLnston Manufacturing Company vs. 

 Thomas, 83 Southeastern Eeporter 174.) 

 Damages for Delaying Delivery of Lumber 

 When a lumber company has contracted 

 to deliver a given quantity of material for 

 use by a contractor in the construction of 

 a certain structure, and has failed to make 

 delivery within the stipulated time, the com- 

 pany being advised as to the purpose for 

 which the material was to be used, the con- 

 tractor is not prevented from recovering 

 damages sustained through increased cost of 

 performing the work resulting from a delay 

 in delivery of the material, although the 

 contract for sale of the lumber, etc., may 

 have contained a clause to the effect that, 

 on the seller failing to make delivery within 

 the agreed time, he would pay to the con- 

 tractor "an amount equal to the losses sus- 

 tained by the contractor, as liquidated dam- 

 ages, " and the only liability the contractor 

 incurred to the owner of the structure under 

 the construction contract was a daily pen- 

 alty for failure to complete the work by a 

 certain time. (Georgia supreme court, .T. H. 



MtKenzie 's Sons ii Co. vs. Consolidated Lumber Company, S2 South- 

 eastern Eeporter 1062.) 



"Lumber" and "Timber" Distinguished. — Trade Customs 

 The word ' ' timber ' ' has an enlarged or restricted sense, according 

 to the connection in which it is employed. It may refer to standing 

 trees or to stems or trunks of trees cut and shaped for use in the 

 erection of buildings or other structures, and not manufactured into 

 lumber within the ordinary meaning of the word "lumber." It does 

 not ordinarily refer to the articles manufactured therefrom, such as 

 shingles, laths, fence rails, or railroad ties. "Lumber" is timber 

 sawed or split for use in building; that is, the manufactured prod- 

 uct of logs. Slabs are not included within a statute giving a lien on 

 ' ' lumber and timber ' ' for services in cutting logs. A contract to man- 

 ufacture timber into lumber may be controUed by a trade custom as to 

 the method of measurement, where no specific method is fixed by the 

 contract. (North Carolina supreme court, McKinney vs. Matthews, 82 

 Southeastern Eeporter 1036.) 



Assumption of Risk by Lumberman 

 A man who is experienced in handling logs in a river assumes the 

 risk of being dromied through overturning of a log upon which he 

 stands in the performance of his duties; that is not a danger against 

 which he is entitled to warning by his employer. (Kentucky court of 

 appeals, Logan's Administrator vs. SherrUl-King Mill & Lumber 

 Company, 169 Southwestern Reporter 707.) 



Damages for Delaying Delivery of Machinery 

 When a machine is sold for use in a lumber manufacturing plant 

 under a contract requiring delivery on a certain day, and the seller 

 is informed at the time of the making of the contract that the buyer 

 would suffer loss of profits in being prevented from operating his 

 plant, the seller is liable for all loss of such profits which is directly 

 attributable to failure to make the delivery within the required time. 

 (Kentucky court of appeals, Fairbanks, Morse & Co. vs. Carson-Musa 

 Lumber Company, 169 Southwestern Reporter 731.) 



ClIlilST.M.\S LElTi:i! lO Till; AMEIilCAX SANTA CLAUS 



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