Page:Federal Reporter, 1st Series, Volume 4.djvu/895

 HOMANS V. HEWTOS; 881 �a certain credit, and the plaintiff was to ma^e advanees when the logs should arrive at the boom, in Hartford, The grant- ees agreed to eonduct the cutting and driving of the logs in ' a certain way, and with a certain diligence, and to pay dam- ages in case of any default. The contract eontained this clause : "And said grantor reserves and maintains full con- trol and ownership of ail logs and lumber which shall be eut under this permit, wherever and nowever situated, until ail matters and things appertaining to or connected with this license shall be settled and adj usted, and the sum or sum» due, or to become due, for stumpage or otherwise, shall be fully paid;" and, if any default should be made, he should have full power and authority to take ail or any part of said lumber, and to sell and dispose of the same at public or pri- vate sale, and, after deducting reasonable expanses, commis- sions, and ail sums which were then due, or might become due, for any cause "herein expressed," should pay the bal- ance to the granteea. �Boss & Leavitt were interested as stockholders in a corpo- ration called the Hartford Lumber Company, which owned a mill at Hartford, of which the boom is mentioned in the con- tract. They eut the timber as agreed, and floated it down the Connecticut river; the first lot arrived at Hartford in August, 1876. In September, 1876, an account was settled between Homans and Ross & Leavitt, showing a debt of $11,248.52 for stumpage, and $10,250 for advanees. At the foot, Homans aeknowledged the receipt of drafts for the sum of the account drawn by Ross & Leavitt upon, and ac- cepted by,the Hartford Lumber Company, running from three to eight months, "which, when paid, will be in full for the above." These drafts were dishonored, and have not been paid. �The Hartford Lumber Company bought ail the logs which reached Hartford, and manufactured and sold a part of them, worth about $12,000, with the knowledge of the plaiutiiï, before the first aceeptance was dishonored. November 23, 1876, the plàintiÏÏ took possession of the lumber remaining at the mill, and the company worked it up and sold it for �v.4,no.l0— 56 ����