Page:Federal Reporter, 1st Series, Volume 4.djvu/195

 MASON p. OLUTOED. .181 �of words; but, as Bacon, in Lis Abridgment, says, "what- ever words are sufficient to explain the întent of the parties, that the one sball divest birnself of the possession and the other eome into it for sucb a determinate time, sucb wordg, whetber they run in' the form of a license, covenant, or agree- ment, are tbemselves suffi cient, and wHl, in construction of law, amount to a lease for years." �Tbis instrument is in form an agreement. By its terms Dodge was to work and operate the mill during the milling season of 1877, wbicb meant from April to November. The ■words, "wbicb said mill is now in the possession and under the control of said Clifford,"are merely descriptive of the property tben in the bands of Clifford, and tbrow no ligbt upon the intended relation of the parties af ter the contract was made. Dodge was to manfacture sbingles at certain priees per tbousand — 60 cents for one brand, and e2^ cents for anotber — from logs to be fumisbed by Clifford. Dodge was to bire and pay ail the men, furnish aU brands, band irons, oil, nails, and files, and pay for repairing ail breaks iu the macbinery, the cost of wbicb sbould not exceed five dollars, and Clifford for ail that cost more tban that sum. Clifford was to put the mill in good running order, and fumisb good and suitable logs for sbingles, in sufficient quantities to keep the mill running during the season, Dodge was to load ail sbingles on the cars, on the switcb of the mill, Clifford to pay the expense over and above $1.25 per car until a new side- track sbould be eompleted, and after that the loading was to be wbolly at Dodge's expense. Tbese are the main provis- ions of the contract, and we tbink tbeir effeet is to give the possession and control to Dodge for the purposes tberein in- dicated. �On one occasion the evidence shows tbey applied to Clifford to sbut down bis mill wben the wind was blowing, and be referred tbem to Dodge, saying that Dodge bad control of the mill, and that be (Clifford) bad aotbing to do witb the run- ning of it, and I tbink be was right. Dodge was, in bis own way, and according to bis own judgment and skill, and at bis ����