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79 Me. 21

Bondur v. Le Bourne

Supreme Judicial Court of Maine

Decided January 29, 1887

Supreme Judicial Court of Maine · decided 1887-01-29

On exceptions. The case is stated in the opinion. The presiding justice ruled that the plaintiffs had a lien. cited: Hayford v. Everett, 68 Maine, 505; Golton v. King, 2 Allen 317; /Sands v. Sands, 74 Maine, 239 ; R. S., c. 91, § 38. The first point to be noticed is that the amendment is made long after default. The defendant is not in court. The plaintiff had taken his default without amendment.

Cited by 2 later decisions — most recently December 1953

1 federal appellate · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1887-01-29

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Virgin, J.

¶2We think the ruling was within the discretion of the judge. Hayford v. Everett, 68 Maine 505 ; Colton v. King, 2 Allen, 317.

¶3We are of opinion also that his ruling was correct in relation to the lien. Sands v. Sands, 74 Maine, 239.

¶4To be sure, the contract was specific in terms to prevent any misunderstanding, and included "peeling and piling,” as well as "cutting,” which term alone is mentioned in R. S., c. 91, § 38, as being the foundation of a lien. But it was poplar, cut into logs of four feet in length, for the particular purpose of being manufactured into pulp. Moreover, the evidence is that it must be "peeled” before it can be thus manufactured, not as in the cases of hemlock because the bark is of any value, but in *23order to fit it for manufacture, and which is as essential as cutting, and, as one of the witnesses testifies, "peeling is an incident and necessary to it as pulp lumber.”

¶5Of course, it must be "piled” by the chopper, who cuts it by the cord, in order that his surveyor might ascertain the quantity and thereby furnish him the means of knowing how much he was entitled to under the contract which was to be $1.25 per cord.

¶6Exceptions overruled.

Peters, C. J., Walton, Libbey, Foster and Haskell, JJ., concurred.
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