164 PREPARATION AND MANUFACTURE 



or sawing of logs, while the advances or supplies are to be 

 used by the other party in the prosecution of the enterprise, 

 the title to such advances or supplies will vest in the party 

 receiving them unless there is a contractual or statutory 

 provision to the contrary. 1 However, performance of the 

 work for which the advances were made can be enforced, 2 

 and a failure by the party who agreed to make the advances 

 to fulfill his agreement will render him liable in an amount 

 equal to the profit which the other party would have realized 

 if the advances had been made, 3 and for additional ex- 

 penses directly due to the failure of the first party to furnish 

 the supplies. 4 



In a suit under a contract by which a logger agreed to cut, 

 haul, raft and deliver logs at a certain market on condition 

 that he receive one-half of the proceeds from the sale of the 

 logs at the point of delivery, it was held that such an agree- 

 ment did not establish a partnership, that the logger could 

 not lawfully sell the logs, and that the owner of the land 

 from which the timber was taken might maintain replevin 

 for the logs. 5 It has been held that the failure of the 

 owner of timber to pay installments as agreed under a con- 

 tract for cutting, booming, and delivering logs did not 

 authorize the logger to refuse to proceed further and en- 

 title him to recover the profits which he would have earned 

 if he had fully performed, since the default did not in itself 

 constitute a denial of the right of the contractor to con- 

 tinue and recover for all services rendered. 6 Under such 

 circumstances the contractor may continue and complete 

 performance, or he may abandon the contract and recover 

 for what he has done before the default occurs. A contract 

 for the delivery of a certain amount of logs each month for 

 a term of eight years, with payment by installments as de- 



1. Gavigan v. Evans, 45 Mich. 597; See Woodstock Iron Co. v. Reed, 81 Ala. 305 



(charcoal) ; Andrew v. Jenkins, 39 Wis. 476, and Crane v. Williams (Ky.) 63 

 S. W. 610 (In which uncertain terms of written contract explained by oral testi- 

 mony as to circumstances.) See Swim v. Shireff, 20 N. Brunsw. 25; and Cf. 

 Shaw v. Stairs, 37 N. Brunsw. 593. 



2. Hopkins v. Sanford, 38 Mich. 611. 



3. Mason v. Alabama Iron Co., 73 Ala. 270 (charcoal) ; Graham v. McCoy, 17 Wash. 



63; Skagit River Etc. Co. v. Cole, 2 Wash. 57. 



4. Salvo v. Duncan, 49 Wis. 151. 



5. Gore v. Benedict (Term.) 61 S. W. 1054; See also Jordan v. Jones, (Ga.) 35 S. E. 



151 (Logs not subject to levy as property of logger.) 



6. Beatty v. Howe Lbr. Co. (Minn.) 79 N. W. 1013. 



