October 10, 1918 



HARDWOOD RECORD 



ill the belt constituted no coinpli'ti' defence to tlie suit, as it 

 appeared that defemlaiit retained and useil the belt after the objec- 

 tionable condition was discovered. 



It is held in the court's opiniini tli.il tlirrc was in the first 

 instance an implied warranty on the part ul' the seUer of the belt 

 that it would reasonably well serve the purposes for which it was 

 sold, but that the buyer's continueil and valuable use of it after 

 discovering any defect in it precluded him from defeating the 

 seller's claim on account of the purchase price. To have preserved 

 this right, it was necessary for the buyer to return or to offer to 

 return the belt on discovering that it did not come up to the war- 

 ranty, exiiress or implied, under which it was purchased. 



Title to Lumber Contracted For 



A partnership operating a sawmill contracted to sell the product 



of the mill to a lumber company. The lumber was manufactured 



in accordance with specifications furnislied by the company, and 



was subject to inspection by the company wluMi stacked and loa<lcil. 



The lumber company from time to time made advancements on the 

 sums to become due to the mill firm under the agreement. The 

 partnership issued orders on a store in favor of the mill employes 

 to cover their wages, and tlio employes assigned their labor claims 

 to tho store proprietor. Under such assignment the merchanv 

 brought suit to enforce a statutory lien against lumber in the 

 sawmill yard, the indebted firm having failed to make the orders 

 good. The lumber colnpany intervened in the suit, claiming title 

 to the lumber under its contract, notwithstanding the fact that 

 there had been no passing of possession from the sawmill firm to it. 

 The controversy arising on this state of facts was settled by the 

 Mississippi supreme court in the late case of Tallahatchie Lumber 

 Company vs. Thatch, 78 Southern Reporter, 1.54. The court holds 

 that the lumber was subject to the lien asserted on account of the 

 assigned labor claims; title not having passed to the lumber com- 

 pany for want of loading of the lumber on board cars according to 

 grades and dimensions to he specified by the lumber company. 



<^y}U/!;i^ib.i^ :;3K>.'O^^KiK>:^>:wsOTTO!gi!ggros5 ^ 



Ked gum fjrows in the South and is sawed there. Init its markets 

 lie in all the states and in many foreign countries. The cut is n(tarly 

 three quarters of a billion feet a year, practically all of it from 

 a dozen states, and half of the whole from Arkansas and Mississippi 

 alone. Louisiana is a large producer, but no other states cut as 

 much as 25,000,000 feet a year though several fall only a little below 

 that figure, among them being Tennessee, North Carolina, Texas, 

 .Mabama, Missouri, and South Carolina. It is essentially a southern 

 tree, though the range extends north of the Ohio river, and on the 

 Atlantic coast as far north as Connecticut. 



Regions use red gum which grow none of it. The accompanying 

 table names the twenty states which are largest users, and eight 

 of them produce very little or none. It competes with other woods 

 in regions remote from the chief sources of its supjily. It has won 

 its way by merit alone, for it had to overcome more prejudice than 

 any other wood. It is not so easily seasoned as some woods, and 

 for a hundred years or more that was one of tho arguments used 

 against it. Many experiments and long experience finally mastered 

 the seasoning difficulties. Even while prejudice against it was 

 strong, its excellent qualities were generally admitted; so that, 

 when the seasoning troubles were overcome, its way was open to 

 general success. Its attractive figure, resembling that of walnut, was 

 always a strong point in its favor. 



The distinctive terms, "gum," and "red gum," are commercial 

 rather than botanical. 'The first applies to the wood of the whole 



tree, while red gum may include the hcartuooil only which is iit 

 reddish color; or the two may be differentiated as .sap gum ami red 

 gum, the former the sapwood and the latter the heart. 



Most of the gum is apportioned among a dozen industries, leaving 

 only a small per cent for other industries not included in the 

 twelve. The table takes account of these twelve industries and shows 

 how much gum is used annual'ly by each of them. Of these twelve, 

 four are far more important than the others. These four are boxes, 

 millwork, furniture, and vehicles. Boxes, the largest of all, can use 

 the lower grades and thus a market for such is afforded. The other 

 industries call for higher grades. No hardWood of the United 

 States supplies more box lumber than gum. 



The use of gum has increased rapidly in recent years. The in- 

 crease in a single year, 1915-191ti, was 36 per cent in total output. 

 This growth in use affords an excellent example of the effect of 

 advertising, when the commodity to be advertised possesses merit. 

 The campaign to increase the use of gum has been v\ 

 and aggressive. 



The limit of possibilities has not yet been reached. . 

 tion of the accompanying table will make that clear. Some of the 

 industries located in certain states use much of this wood, while 

 the same industries in other states use little or none. Every blank 

 in the table calls attention to a possibility for an increase in the 

 sale of gum. The table was compiled for the purpose of calling 

 such opportunities to the attention of producers of this wood. 



USES OF RED GUM BV INDUSTRIES AND STATES (BOARD FEET). 



Boxes 



Illinois 58,150,250 



Arkansas 48,538,000 



.Missouri 72,206,118 



Indiana 16,451,850 



Kentucky 36,875,000 



Tennessee 12,661,000 



New York 25,900,500 



VirglnU 29,603,000 



Ohio 7,421,395 



Texas 17,236,000 



Michigan 692,000 



Pennsylvania 13,355,834 



Alabama 8,517,000 



Mississippi 10,320,616 



North Carolina 19,481,000 



Louisiana 10,622,000 



South Carolina 975,000 



Georgia 4.186,000 



Iowa 1,050,5110 



Wisconsin 269,000 



Millwork 



5,114.000 



29,719,000 



2,576,107 



4,007,000 



1,736,000 



16,749,000 



3,292.500 



130,000 



10.022,000 



914,000 



5,005.000 



1,610,300 



9,263,800 



102,000 



56,000 



550,000 



10,806,000 



221,000 



856,K0n 



160,000 



Furniture 

 4,377,000 

 9,916,000 



12,739,650 



29,815,000 

 4,182,000 



13,510,000 



4,001,825 



S.30,000 



3,009,000 



3.221,000 



7,131,220 



6,623,000 



255,300 



4,260,000 



1,816,000 



3,415,000 



145,000 



1.055,000 



(-.21, .WO 



1,312,000 



Vehicles 

 3,830,000 

 6,200,000 



871,000 

 4,972,500 

 1,240,000 



718,000 



212,000 



1,633,064 



25,000 



2,050.000 



316,500 



250,000 



250,000 

 30,000 



556,000 



1,745,000 



665,000 



Sewing 

 Machines Pulleys 

 10,700,000 



22,500 1,221.000 1,117,000 



200,000 



875,000 

 24,000 

 100.000 

 30.000 

 2,500,000 



Agri- 

 cultural Musical 



Imple- Instni- Wooden- Picture 

 ments ments ware Molding Coffins 



4,584,000 2.735.000 5.125,000 



50,000 -. 105.000 



12.000 600,000 



882.000 762,000 05,000 100,000 



500,000 



750,000 1,514,800 



1.542,000 4,100,200 188.750 



50,000 



420.000 21,000 1,005,000 75,000 



,550,000 2.335.000 



2.900 



205,000 



193.000 303.026 914.290 400.000 

 50,000 225,000 50,000 30,000 



