Page:Federal Reporter, 1st Series, Volume 4.djvu/894

8aU S'EDERali fiErOaTËIi. �HoMANs V. Newton and others. �{Circuit Oourt, D. Massachusetts. December 21, 1880.) �L LoGGiNa Permit— BosA Fide Puechasee, — A contract between a cit- izen of New Jersey and a citizen of Maine, called a conditional license, authorizing the grantee to enter upon the lands of the grantor, in the state of New Hampshire, and eut legs therefrom, con- tained this clause : " Baid grantor reserves and maintains full con- troi and ownership of ail legs and lumber which shall be eut under this permit, wherever and however situated, until ail matters and things appertaining to or connected with this license shall be settled and adjusted, and the sum or sums due, or to become due, for stump- Bge or otherwise, shall be fully paid." Hdd, that a bona fide pur- chaser of logs eut under thia permit could not acquire a better titla than the grantee. �2. Same—Trotbr— Damages. — It vras further provided that if any def ault ■ should be made, the grantor 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 private sale, and, after deducting reasonable ex- penses, commissions, and ail sums which were then due, or might become due, for any cause ♦' herein expressed," should pay the bal- ance to the grantees. Hdd, under this clause, that the grantor was not entitled to recover, in trover, of such bona fide purchaser, the whole value of the logs sold. �8. Same — PAYirBNT — Waivee. — A memorandum upon the foot of an account settled between the grantor and grantee, acknowledging the receipt of certain accepted draf ts, running from three to eight months, for the sum of the account, contained these words: "which, when paid, will be in full for the above." Edd, that the acceptances were not taken in payment of the account, and therefore could have no eflect as a waiver of the grantor's righta. �Trover. �Tort, in the nature of trover, for the conversion of certain logs, valued at about $14,000. In November, 1875, the plain- tifif, a citizen of New Jersey, owning a large tract of land on, or near, the Connecticut river, in New Hampshire, made a contract with Eoss & Leavitt, of Bangor, Maine, called a con- ditional license, by which he granted them permission to en- ter upon his land and eut logs of certain kinds during the then next logging season, which were to be scaled — that is, measured — by a scaler appointed by the plaintiff, and tho agreed stumpage was to be paid for by satisfactory paper, on ����