r^^S^asSSF- 



Pertinent Legal Findings 



DAMAOES rOK iAIUNU TO DEUVER LOGS 

 lu ronijiutinii >luiiiii|;C!> rocovornbic af;ain!<t n riiilwiiy foiii|>iiiiy 

 fur faiUiri- to ilolivor iogn, on n bnnis of the iimrkct vnluc of tin- 

 '.")Pi at thoir ilpstination, lioiluctioii niUKt bo iiiaJc for the amount 

 • f freight oharRfs which wouUi have boon oollpctiblo on delivory. 

 AInbaina Court of Appcnls, Southern Ky. Co. vs. Cooper, ().'> 

 Smilhern Rrportrr I'ul',., 



AUTHORITY TO JIAKE PURCHASE FOR COMPANY 

 A luinl.tT I i.nipaiiy will not be |ieriiiitte.l t.« repu.iiate a purchase 

 il' a nuK'hine niaJe by an employe on the ground that he had no 

 iiithority to make the purchase, after the president and general 

 -iiperintendent had ratified the transaction by making no objection 

 :ifter learning of the purchase, and by permitting the machine to 

 ri'main in use. (Texas Court of Civil Appeals, Benford Lumber 

 Manufacturing Company vs. Knox, 1G8 Southwestern Reporter 32.) 

 VALIDITY OF MISSOURI LIEN CLAIMS 

 Under the Missouri nu'rhanics ' lien l.iw .'i lien for materials 

 furnished for a building is not vitiated by a failure to date each 

 item of the account, if the statement as a whole discloses that the 

 items were furnished between certain dates and within the period 

 for which a lien might be enforced. Nor is the right to a lien 

 affected by the fact that the claim is for slightlj' more than 

 claimant is entitled to, if the mistake were honestly made. (St. 

 Louis Court of Appeals, Banner Lumber Company vs. Bobson, 168 

 Southwestern Rejiorter 244. i 



REFUSAL TO FURNISH SHIPPING FACILITIES 

 A planing mill company is entitled to recover damages resulting 

 directly from a railway company's arbitrary refusal to furnish 

 ears for the shij)ment of lumber products and place them on a 

 sidetrack near the planing mill company's plant; but the recovery 

 must be had in an independent suit; the damages cannot be offset 

 against a claim on the part of the railway company arising out of 

 another transaction not related to the railway company's duty to 

 furnish car.s. (Georgia Court of Appeals, Atlantic Coast Line 

 Railroad Company vs. A. T. Snodgrass & Co., 82 Southeastern 

 Reporter l-i.^.") 

 STATE INTERFERENCE WITH INTERSTATE COMMERCE 



A state court has no jurisdiction to issue an order in an injuni 

 tion suit regulating the carriage of lumber l>y a steamship com- 

 pany, if the transactions involved constitute interstate commerce. 

 (Georgia Supreme Court, Merchants' & Miners' Transportation 

 Company vs. Dixon. 82 Southeastern Reporter 141.') 



TITLE TO STANDING TIMBER SOLD 

 A conveyance of standing timber with a limited time in which 

 to remove it does not give absolute title to the timber; trees not 

 removed, although they may be severed, within that time revert 

 to the landowner. (Virginia Supreme Court of Appeals, Smith vs. 

 Ramsey, 82 Southeastern Reporter 189.) 



MUNICIPAL BTHLDINGS NOT LIENABLE 

 Municipal buildings in Marylanii are not subject to mechanic's 

 lien on account of materials furnished for their construction or 

 repair, nor are the materialmen as a general rule, entitled to any 

 preference of paj-ment over general creditors from funds due the 

 general contractor. (United States District Court, District of 

 Maryland; in re Fowble; 213 Federal Reporter 676.) 



RECO-TEEY OF EXCESS OF FREIGHT CHARGES 

 Although, as a general rule, money paid without coercion cannot 

 be recovered, a shipper of lumber is entitled to recover any excess 

 of freight charges collected from him in excess of lawful charges, 

 regardless of whether the payment was made under protest. (New 

 Hampshire Supreme Court, E. D. Clough & Co. vs. Boston & Maine 

 R. R. Co., 90 Atlantic Reporter 86.3.) 



SELLER'S RIGHT TO RECLAIM SHIPMENT 

 Even though a buyer of shingles obtained tlic shipment on credit 

 through fraud, title passed to him on delivery of the bill of lading, 



buyer in good I'aith on an emlorsement of the bill of lading, 

 became the owner and entitled to possesHion, an againiit the original 

 seller's subsequent attempt to reclaim the shipiiient. Hut ho long 

 as the shingles remained the property of the original buyer and 

 remained in transit the seller could have exercised his right to stop 

 delivery and rescind the sale on account of the fraud. (KauHao 

 City Court of Appeals, LocgBell Lumber Comjiany vs. C. B. & if. 

 R. R. Co., 167 Southwestern Reporter 1183.) 



VALIDITY OF ORAL CONVEYANCES OF TIMBER 



Although an oral contract t.i sell Hlandin>,' timber is unenforce- 

 able so long as no jierformiinie nf the contract has been entered 

 upon, the purchaser becomes the owner of timber cut and removed, 

 as against a subsequent purchaser of the land. (Springfield, Mo., 

 Court of Appeals, Starks vs. (iarvi'r Lumber Company, 167 South- 

 western Reporter 119S.( 



STANDING TIMBER AS REAL ESTATE 



A sale of standing timiier. thougli made with a view to its 

 separation from the land, is governed by the same laws which 

 govern the sale of lands. (Louisiana Supreme Court, Tremont 

 Lumber Company vs. Haynes Lumber Comjiany, fi!) Southern 

 Reporter 596.) 



'WAI'VXR OF MATERIALMAN'S LIEN 



A lumber dealer cannot enforce a lien for materials furnished 

 a building contractor so far as the owner has made payments to 

 the contractor with the company's assent. (Georgia Supremo- 

 Court, Bailie vs. Woodward Lumber Company, 82 Southeastern 

 Reporter 232.) 



OBJECT OF LOG SCALE 



In a recent Louisiana lawsuit question was raised concerning- 

 the quantity of hardwood logs required to be delivered under a 

 contract of sale. Attorneys for the seller argued that since the 

 sole purpose to be accomplished in scaling a log is to ascertain 

 the quantity of lumber it will produce, if more lumber is produced 

 than the log scale calls for, the buyer should account to the seller 

 for the difference. In overruling this contention the court said: 

 ' ' In the abstract, the proposition may be sound. But it would bo 

 impracticable for the purposes of everj'day application, since no 

 one buying or selling logs could well follow them into the lumber 

 into which they are manufactured, in order to find out whether, 

 by reason of the difference between log and board measure, he 

 might be entitled to collect, or might be obligated to pay a balance. 

 Practically speaking, therefore, the object in view in scaling logs 

 is to ascertain their contents according to the log scale rule under 

 which, either by law or agreement, the scaling is done; and when 

 that object is accomplished, the matter is at an end unless there 

 is fraud." (Louisiana Supreme Court, Usrey Lumber Company vs. 

 Huie Lumber Company, 65 Southern Reporter 627.) In the same 

 ease it is decided that the measure of damages recoverable for 

 failure to deliver logs contracted to be sold to be manufactured 

 by the buyer into lumber for resale is the buyer's loss of profits. 



LIABILITY FOR DRIVER'S NEGLIGENCE 



A lumber dealer who hired a team from a liveryman and the- 

 services of a driver, all for an agreed price per hour, the liveryman 

 settling with the driver, is not liable for negligence of the driver 

 while engaged in delivering lumber. (New York Supreme Court, 

 Appellate Division; Hartell vs. T. H. Simonson & Son Co.; 148 New 

 York Supplement 433.) 



NO IMPLIED WARRANTY OF SECOND-HAND MACHINERY 



On a sale of second-hand machinery to be used in the manufac-' 

 ture of lumber there is no implied warranty on the part of the 

 seller that it is fit for such use, although he agrees to load it f. o. b. 

 ears in good condition. (Alabama Supreme Court, Johnson vs. 

 Garden, 65 Southetp Reporter 813.) 



