HARDWOOD RECORD 



29 



know of who, in the last twent.y-five years has caused any increase 

 in the consumption? Only a few years ago had any one suggested 

 to the lumberman the use of .wood blocks for pavement he would 

 have been given little consideration; but someone, not interested in 

 timber, introduced creosoted wood paving blocks and proved to the 

 world that they are the best pavement on earth. Today we know it. 

 As a result, their use has increased all over the world. The eon- 

 <!iimption of this item alone means more profit to the lumber manu- 

 r.t Hirer of all woods than the profits resulting in trying to advance 

 tin market price through different sales methods in force during the 

 last ten years. 



Just think how much more lumber could be consumed if some one 

 should devi.se a cheap process of treating lumber so as to make it 

 fireproof. I? it unreasonable to suppose this can be done? The 



accomplishing of this looks easier to me than the thousands of other 

 things that luive been accomplished. The great trouble, in my opinion, 

 is, we have never given it enough thought or consideration. If the 

 lumbermen^and especially those interested in timber — do not put 

 forth any effort in this direction, who can we expect will do it? 

 And this is only one means of increasing the u?e of lumber; there 

 are many others. 



The world today is not using half the lumber it could if every 

 one were to use all the lumber actually needed, based upon the present 

 plane of our civilization. We can not produce ideal conditions, but 

 we can overcome many of our present obstacles and put our business 

 on a better paying basis, and at tbe same time benefit the world as 

 a whole in doing so, if we will only devote our energies in that 



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Pertinent Legal Findings 



AUTHORITY OF PARTNER TO PURCHASE LUMBER 



A partnershiji is not liable for the price of lumber purchased by 

 one member of the firm for a purpose outside the firm 's business, 

 especially where it is apparent to the seller that the transaction was 

 not within the scope of the firm's operations. (Alabama Supreme 

 Court, Vini'gav Bend Lumber Company vs. Howard, Hooks & Henson, 

 65 SouthnnL IJ.-portcr, 172.1 



DAMAGES ON BREACH OF MANUFACTURING CONTRACT 

 Although one ]>arty to a lumber manufacturing contract ceases 

 performance because the other party has broken the agreement, the 

 former may recover as actual damages the amount of profits which 

 he would have made on full performance of the contract, if such 

 damages can be ascertained with a reasonable degree of certainty. 

 If the loss cannot be so computed, the aggrieved party may recover 

 the loss suffered by him in preparing to perform the contract. 

 (United States Circuit Court of Appeals, Fifth Circuit; Hattiesburg 

 Lumber Company vs. Herrick; 212 Federal Reporter 834.) 

 INJURY TO EMPLOYE IN RAILROAD CAR 

 A lumi"T cijinpany is liable for injury to a checker while at work 

 in a railroail car, caused by his foreman negligently permitting an- 

 other car to be violently switched against the car, without warning 

 to hiin, thereby causing the checker to be crushed between piles of 

 lumber. (Oklahoma Supreme Court, Frisco Lumber Company vs. 

 Spivey, 14ii Pacific Keporter 157. 1 



RISK OF LUTMBER PILE FALLING 



A laborer engaged in work near lumlior piles assumes the risk of 



its falUng. if it is piled in a manner commonly adopted by similar 



concerns. (Kansas City Court of Appeals, Gunning vs. J. R. Kelley 



Cooperage Company, 165 Southwestern Reporter 1140.) 



RIGHT TO ENJOIN LABOR UNION BOYCOTT 

 A manufacturer of building trim who employs non-union men 

 cannot maintain suit to enjoin violation of the anti-trust laws of New 

 York or of tlie United States through an agreement between members 

 of carpenters' and woodworkers' unions not to accept employment 

 involving trim used in non-union factories. Suit under the Sherman 

 act must be brought by the United States and suit under the state 

 law must lie prosecuted in the name of the state. (United States 

 District Court, Southern District of New York ; Paine Lumber Com- 

 pany vs. Neal: 212 Federal Reporter 259.) 



DEFICIENCY IN QUANTITY OF TIMBER SOLD 

 Companies which sold timberlands, under a deed which did not 

 warrant the quantity of timber standing on the land, are not liable 

 to the purchaser for a deficiency under an estimate furnished by 

 them, if the companies acted in good faith ; the estimate having been 

 made by two cruisers, one of whom was appointed by one of the 

 companies and the other having been chosen by a former prospective 

 purchaser of the jiroperty. This is especially true if the buyer of the 

 property had ample opportunity to know how much timber was on the 

 land before making the purchase. (United States Distric}; Court, 



Eastern District of South Carolina ; Fidelity Trust Company vs. D. T. 

 McKeithan Lumber Company; 212 Federal Reporter 229.) 

 SHIPPER PRESUMED TO KNOW RATES 

 Under a recent decision of the United States district court for the 

 eastern district of Arkansas, in the case of J. H. Hamlen & Sons 

 Company vs. Illinois Central Railroad Company, 212 Federal Re- 

 porter 324, a shipper of lumber or other commodity from a point in 

 one state to a destination in another is {)resumed to know what rates 

 for such shipment have been filed with the Interstate Commerce Com- 

 mission, and cannot recover damages from a railway company for 

 misquoting such a rate. 



WARRANTY IMPLIED IN SALE OF LUMBER 

 In the sale of lumber of a specified quality and grade for future 

 delivery, the buyer having no opportunity for inspection but relying 

 on the seller to select, there is an implied warranty that the lumber 

 furnished shall be of the quality and grade specified. In case of a 

 breach of Such implied warranty the buyer though he has not returned 

 or offered to return the property or notified the seller of its defects, 

 may plead the breach in recoupment of the purchase price when the 

 seller sues therefor. (West Virginia Supreme Court of Appeals, 

 Wilson vs. Wiggin, 81 Southeastern Reporter 842.) 



RISK ASSUMED BY EMPLOYE 

 An employe who attcmptetl to pull a raveled strip from a revolving 

 pulley belt in a lumber company's plant assumed the risk of being 

 injured thereby, especially if he had been directed to report any 

 defective conditions to another employe for repair. (Mississippi Su- 

 preme Court, J. J. Newman Lumber Company vs. Dauzler, 64 South- 

 ern Reporter 931.) 



DAMAGES RECOVERABLE FOR LOSS OF EYESIGHT 

 Three thousand five hundred dollars is not excessive recovery for 

 injury to an employe consisting in loss of the sight of one eye in an 

 accident due to negligence attributable to the employer. (Arkansas 

 Supreme Court, Ferguson & Wheeler Land, Liunber & Handle Com- 

 pany vs. Randoljih, 165 Southwestern Reporter 628.) 



TIME FOR REMOVAL OF STAINING TIMBER 



Tlie right to an extension of time for removal of standing timber 



by a purchaser was not conditional upon commencement of cutting 



within the original period, under a deed which contained a clause 



reading as follows: 



' ' Second. That the said second party, its successors or assigns, 1 

 shall have and the same is hereby granted to it and them, the period 

 of ten years in which to cut and remove the said timber from the said 

 land, and in case the timber is not cut and removed before the 

 expiration of the said period, then the said second party, its successors 

 or assigns, shall have such additional time therefor as it or they 

 may desire, but in the last mentioned event, the said second party, its 

 successors or assigns, shall, during the extended period, pay interest on 

 the original purchase price year by year, in advance, at the rate of sis 

 per cent per annum." (South Carolina Supreme Court, Midland 

 Timber Company vs. J. F. Prettyman & Sons, SI Southeastern Re- 

 porter 484.) 



