Robson v. Mississippi River Logging Co.
| Decision Date | 22 September 1890 |
| Citation | 43 F. 364 |
| Parties | ROBSON v. MISSISSIPPI RIVER LOGGING CO. |
| Court | U.S. District Court — Northern District of Iowa |
J. M Gilman, J. A. Tawney, and Henderson, Hurd, Daniels & Kiesel for plaintiff.
E. S Bailey and Young & Young, for defendant.
In the petition filed in this cause it is averred that plaintiff has for many years past been engaged in the lumber and logging business on the Chippewa and Flambeau rivers, in the state of Wisconsin; that he still is the owner of large quantities of pine timber upon said rivers, and expects to continue in such logging business, not only until the pine lumber upon the lands now owned by him is marketed, but so long as there is to be found, tributary to said streams, timber that can be purchased and put into the market; that the defendant is a corporation created under the laws of the state of Iowa, but since its organization, in 1871, it has been engaged in the business of driving and running for hire saw-logs and timber down the Chippewa and Flambeau rivers, into the boom at Beef slough, near the mouth of the Chippewa river, and there brailing the same ready for transportation down the Mississippi river, and delivering them for that purpose to the owners thereof, when turned out of said boom at Beef slough, which said boom was owned and operated by a corporation known as 'the Beef Slough Manufacturing, Booming, Log-Driving & Transportation Company,' but which last-named company was largely composed of the members of the defendant company, and its business was practically under the control and management of the defendant; that from the date of the organization of the defendant company, in 1871, up to the year 1882, the plaintiff has yearly cut large quantities of logs and timber upon said Chippewa and Flambeau rivers, all of which were delivered to the defendant company to be driven and cared for by it, while the same were being taken to the Beef Slough boom, to be there prepared for transportation down the Mississippi river; that in the year 1882, certain differences and disputes touching said business had arisen between the plaintiff and defendant, and litigation over the same was pending in the courts, when the parties, for the purpose of ending such litigation, and settling such past differences, and providing in respect to the driving, brailing, booming, scaling, and delivering plaintiff's logs in the future, entered into an agreement in writing, as follows:
'Articles of agreement made and entered into this 23d of August, 1882; by and between the Mississippi River Logging Company, a corporation organized under the laws of Iowa, party of the first part, and John Robson, party of the second part, witnesseth: Whereas, the party of the second part owns a large quantity of pine lands tributary to the Chippewa and Flambeau rivers and their branches in Wisconsin, and now has a large quantity of saw-logs and timber in said streams, and expects to cut annually hereafter, and deliver in said streams, a large quantity of saw-logs and timber to be driven to market down said streams to the Mississippi river; and whereas, the said party of the first part is engaged in the business of driving logs down said streams to Beef slough for other parties; and whereas, differences having arisen between said parties hereto, and between the party of the second part and the Chippewa Lumber & Boom Company, (which is controlled by the party of the first part,) in respect to the running and driving of logs: Now, therefore, for the purpose of settling all said differences and providing for the future, it is mutually agreed as follows: First. Said party of the first part, in consideration of the premises and of the promises of the said party of the second part hereinafter mentioned, agrees to take possession and control of all logs and timber which the party of the second part shall deliver in said Chippewa river, below the east and west forks thereof, and all that shall be delivered in said Flambeau river, at or below the north and south forks of said stream, and to drive the same at its own cost, charges, and expense down said streams to and into Beef Slough boom, not exceeding an average of twenty-five millions of feet annually, said logs to be driven each season with all reasonable dispatch, and with as much care and facility as it shall drive its own logs. The logs of the party of the second part now in said streams are to be driven by said first party under this agreement. Any charges to be paid the Chippewa Lumber & Boom Company, or any other company, person, or persons, on account of said logs, or any of the same, between the aforesaid forks of said streams and said Beef Slough boom are to be paid by the said party of the first part. Second. And the said party of the first part, in consideration of the premises, further undertakes and agrees that the charges of the said Beef Slough Boom Company shall not exceed sixty cents per thousand feet for becoming, assorting, and delivering in pockets, and watching the said logs of the said party of the second part at all the mills on the Chippewa river. Third. And the party of the first part, in consideration of the premises, further undertakes and agrees to brail and deliver to the said second party, in a proper and usual manner, his said logs, ready to be taken in two by boat after the same are turned out into pockets by said Beef Slough Boom Company, and to do the same with all reasonable dispatch. Fourth. And the said party of the second part, in consideration of the premises, promises and agrees to pay to the said first party annually, at the close of each season's business, for taking the care, control, and delivering said logs into Beef Slough boom as agreed, as aforesaid, the sum of two hundred and fifty dollars, and for brailing and delivering said logs ready for the tow-boat twenty-five cents per thousand feet. And said party of the second part also further agrees to return to the said party of the first part the brailing lines used in brailing said logs, unless the same shall have been three times used. Fifth. In case the said party of the second part associates any person or persons with him as partner or partners in such lumbering business this agreement is to stand, apply, and operate in respect to such partnership. But no logs are to be handled by said party of the first part under this agreement, except such as shall be owned by said party of the second part, or by him and others as partners. The cost of scaling the said logs as the same are turned into said Beef Slough boom is to be paid equally be the parties hereto.
'Witness our hands and seals this 23d day of August, 1882.
'MISSISSIPPI RIVER LOGGING CO. 'F. WYERHAUSER, Pt. 'JOHN ROBSON.'
It is further averred in said petition that from the date of said contract down to the spring of 1889, all of the logs belonging to plaintiff delivered into said Chippewa and Flambeau rivers were driven and cared for by the defendant under the terms of said contract, and said work and services were paid for by plaintiff in strict accordance with the terms of such contract; that however, in the spring of 1889 the defendant, without cause or reason therefor, notified plaintiff that if would no longer drive, care for, and brail his logs under the terms of said agreement, and would no longer abide by and perform the same; that during the winter season of 1888-89, plaintiff had cut and put into the said Chippewa and Flambeau rivers, to be driven down the same to said Beef slough, some 14,840,136 feet of logs and timber, which defendant refused to drive and care for under said agreement, and plaintiff was forced and compelled to employ other agencies in order to drive said logs; that the only other company engaged in such business is a corporation known as the 'Chippewa Logging Company,' which is owned, controlled, and operated by the same parties that form the defendant company, and plaintiff was compelled to employ the Chippewa company to do the work at an increased price; that in addition to the logs already cut plaintiff owns at least 60,000,000 feet of saw-logs and timber, tributary to said Chippewa and Flambeau rivers, which he desires and intends to cut, and which can only find a market by being driven down said streams into the Beef Slough boom; that on said streams there is a large quantity of timber land for sale, and a large quantity of logs and timber are sold each season; that plaintiff has heretofore, and in the ordinary course of business will hereafter, purchase logs and timber on said streams, in addition to those cut upon his own land, which must be driven down said streams to said Beef slough, and which it is and will be the duty of defendant under said agreement to drive and care for as therein provided; that in consequence of the refusal of defendant to carry out said agreement, plaintiff will be compelled in the future, as he was in 1889,...
To continue reading
Request your trial
-
Rowe v. Montgomery Ward & Co., Inc.
...or the event may happen. This uncertainty, however, does not render the contract terminable at will." Robson v. Mississippi River Logging Co., 43 F. 364, 370 (N.D.Iowa, 1890).In another case, the defendant agreed, under a written contract, to "furnish plaintiff steam 'while in the building ......
-
Miller v. Miller
...and intent of the agreement in the same light in which the parties did when the same was formulated and accepted. Robson v. Mississippi River Logging Company, C.C., 43 F. 364, affirmed 8 Cir., 69 F. 773; New York Casualty Company v. Sinclair Refining Company, 10 Cir., 108 F.2d 65, 69; Peebl......
-
Ullman v. Bee Hive Dep't Store
...L. Co. v. Whitebreast C. Co., 160 Ill. 85, 43 N. E. 774, 31 L. R. A. 529, an obligation to furnish the coal required; Robson v. Mississippi R. L. Co. (C. C.) 43 F. 364, a log driving contract held that even if plaintiff was not bound to deliver the logs, yet if plaintiff did deliver and def......
-
Farmers' State Bank v. Northern Trust Co.,
...13 C. J. 604; Hospital v. Co., (Minn.) 70 N.W. 1126; the duration of a contract is governed by the language employed, 13 C. J. 599; Robson v. Co., 43 F. 364; intent is to gathered from all parts of the contract, McKell v. Ry. Co., 175 F. 321; Henderson v. Stratton, (Colo.) 98 P. 14; Printin......