Tingley v. Bellingham Bay Boom Co.

Citations

• 5 Wash. 644
• 32 P. 737
• 1893 Wash. LEXIS 38

Syllabus

<p>LOGS AND LOGGING — LIABILITY OF BOOM COMPANY —DAMAGES — AGENCY — RATIFICATION OF CONTRACT — STATUTE OF FRAUDS — COSTS.</p> <p>Under § 4 of the act of March 17,1890, requiring boom companies to “catch, hold and assort the logs and timber products of all persons requesting such service,” etc., a written contract signed by the boom company is not essential to render it liable for the loss of logs consigned to the company by the owner.</p> <p>In an action by a logger to recover for the loss of logs consigned to a boom company, there can be no recovery for loss of profit in operating his logging camp nor for injury to his financial credit.</p> <p>An allegation by a boom company, in a mandamus proceeding against another boom company, that it had a contract with a certain individual for driving his logs, is a sufficient admission of the ratification by the corporation of the act of one assuming to be its agent in the making of such contract.</p> <p>A contract is signed, within the meaning of the statute of frauds, when the name of the party to be charged is written by him or an authorized agent anywhere in the contract.</p> <p>Where the appellant himself prepares the transcript and is charged only half price by the clerk for examining and certifying the same, he can recover as costs merely the sum paid to the clerk, and is entitled to nothing on account of his own labor upon the transcript.</p>