30 SELLING WOODLOT PRODUCTS ON MICHIGAN FARMS. 



Contracting for the sale 



Even in small sales, it is always best to put the agreements into writ- 

 ing. In this way a great deal of disagreement and financial loss may 

 be avoided. In making the contract the seller must have fully in raind 

 the terms of the sale; and the contract may call to the farmer's atten- 

 tion important details which would otherwise have been overlooked. The 

 essential conditions of a complete contract relate to (I) description 

 and location of the timber, (II) price and manner of payment, (III) 

 conditions of cutting and removal, and (IV) title and means of settling 

 disputes. Under the third heading comes the duration of the contract, 

 the size and character of the timber to be cut, and the method of mark- 

 ing to designate it, method of scaling, designation of what material is 

 to be considered merchantable and must be removed from the woods (to 

 prevent the leaving of any more low grade or refuse stuff than necessary 

 or desirable), and protection against injury to any trees left standing. 



The contract should prescribe the estimated amount of timber to be 

 sold, and its condition, whether living or dead or both. It should specify 

 the unit of sale — 1,000 board feet of logs or lumber, cords, ties, poles, 

 etc., — and the amount to be paid, per unit, for each species of timber 

 sold. Such items as the kind of log rule to be used, and the size of the 

 cord (16-inch or 4-foot lengths, etc.,) should be clearly designated, and 

 the time at which the payment shall be made, should also be entered. 

 The contract should give the amount to be allowed for trimming log 

 ends, in excess of which the logs are to be scaled as though a foot 

 longer. If the timber to be sold is to be marked, the contract should 

 prohibit the removal of unmarked timber. If only the trees above a cer- 

 tain diameter are to be sold, this diameter should be specified, as well 

 as the height at which it is to be measured, as "1 foot above the ground" 

 or "at breast height (4% feet)." Low cut stumps and close utilization 

 into the top should be required, together with the exercise of due care 

 on the part of the purchaser to prevent fire from spreading. A provision 

 retaining title to all timber covered by the agreement should be included. 

 lOither clauses which might be included are those requiring that the 

 timber shall be scaled in the presence of the seller or his authorized 

 agent; that log lengths shall be varied so as best to utilize the timber; 

 that unmarked trees, if cut, shall be paid for at double the stated price; 

 that tops left in logging shall remain on the tract for the use of the 

 seller (or, if desired, shall be utilized by the purchaser). In selling by 

 lump sums the provisions relating to scaling and unit prices may, of 

 course, be omitted, but not the total amount to be paid. It is assumed 

 that the farmer will precede any lump sum sale by a careful estimate of 

 his stand and an inquiry as to the price, on the stump, which he should 

 receive for each kind of product; with this knowledge he will be pre- 

 pared to sell "by acreage" or "by the lot." 



A sample contract for woodlot sales is contained in U. S. Department 

 of Agriculture farmer's bulletin 715, "Measuring and Marketing Wood- 

 lot Products," which can be secured free of charge on application to the 

 Forester, Forest Service, Washington, D. O. 



