Sprout v. Mints

Citations

• 128 Pa. 163
• 18 A. 509
• 1889 Pa. LEXIS 779

Syllabus

<p>(a) Mints, the owner of a saw-mill, contracted with Sprout, the owner of timber land, to cut logs, stock and saw “ any or all varieties of timber” on the lands, the flooring to be planed and matched before piling, but to be steamed before planing and matching, to drive out the sap and facilitate seasoning, the steam-house and pipes therefor to be furnished by Sprout,' who was to have direction of all the details of the work.</p> <p>(b) Sprout erected no steam-house to steam the lumber. Differences arising as to the mutual rights of the parties, Sprout served on Mints an “ order” (a) not to cut or injure any standing timber on the premises; (b) to cut up only such logs as would make inch boards for flooring of two best grades, Nos. 1 and 2 ; and (c) notifying Mints that for the present the steaming of lumber was to be dispensed with.</p> <p>1. In such ease, Mints did not agree and for that reason was not bound to plane and match the lumber suitable for flooring until it was steamed, and Sprout by his “ order” could not relieve himself from the duty of supplying the steam-house and pipes therefor, under the terms of the contract, without the consent of Mints.</p> <p>2. The “order” directing that no standing timber should be felled, and that Mints should cut only such logs as would make inch boards suitable for flooring of the two best grades, Nos. 1 and 2, was not the exercise of a power to direct details, but was an assumption of the right to suspend the manufacture itself.</p> <p>3. Sprout being in default in not providing the steam-house, etc., by which the steaming could be performed, had no equity upon which to , entitle him to an injunction restraining Mints from cutting and manufacturing any lumber except in accordance with said “ order,” and his bill therefor should be dismissed.</p>