CATALOGUE OF THE TIMBERS OF THE WORLD 149 



relation as storage contractors. It is not known whether the cargo 

 consisted of the hght or dark varieties, but it is possible that it contained 

 both. Notwithstanding this unfortunate incident, the dark variety is 

 a valuable timber and is a good substitute for mahogany. Care should 

 be taken to see that it is cut in the proper season and that measures are 

 adopted to prevent the attack of beetles. The wood is straight-grained 

 and is capable of a good finish from the tool. It is a yellowish-green 

 colour, though occasionally this seems to vary, and some specimens are 

 more of the red mahogany colour. It stands well and does not shrink 

 unduly or warp or twist. 



In the true Panama mahogany the concentric layers show sharply 

 defined to the naked eye. The pores are open and irregular ; the 

 medullary rays are clear and regular, and are in all respects similar to 

 Honduras mahogany. 



With esparvie the fibres of the wood are of a soft, pithy nature and 

 are not strong. The transverse grain does not cut clean from the tool. 

 The pores are of variable size and often show in duplicate with a single 

 shred of fibre between. The medullary rays are weak and obscure. 



New York Law Journal, February 26, 1913 

 DECISION BY JUDGE BLACKMORE 

 Astoria Veneer Mills and Dock Co. v. Horsey & Son 

 The following propositions suffice for the disposition of this case : 



1st. A contract for the storage of goods, wares, and merchandise which 

 does not provide for any definite time of continuance may be terminated by 

 either party on notice. 



2nd. The contract in the present case provides no definite time of storage. 

 The provision that if the logs are not withdrawn wthin a year the ware- 

 houseman may sell or store them elsewhere is not equivalent to an agreement 

 on the part of the warehouseman to keep them in storage for the period of 

 one year. 



3rd. Even if the storage was for a definite period of time the development 

 of the pest in the logs, which rendered their continued storage destructive of 

 the property both of the warehouseman and the lumber of others in its care, 

 justified it in terminating the contract of storage. 



4th. Upon the refusal of the bailer to remove the logs, pursuant to notice 

 and request, the warehouseman was justified in removing them and storing 

 them in some other place for the account and at the risk of the owner. 



5th. As it was the duty of the owner to remove the logs when notified by 

 the warehouseman, he is liable for the charges and expenses incurred in 

 effecting their removal, and also for such charges and expenses as had already 

 accrued up to that time. 



6th. Neither the plaintiff nor the defendant knew at the time when the 

 logs were placed in storage that the insect pest was likely to develop, and 

 neither of them was negligent so as to give a right of action to the other. 



7th. The defendant neither created nor maintained a nuisance, and 

 therefore is not liable upon that theory. 



