McGrath v. Vanaman

Bird, V. C.

The complainant in this case entered into an agreement in writing with Hume, in and by which the former appointed the latter her agent, with power to sell and dispose of the timber (with certain exceptions enumerated) standing on a tract containing about eighteen thousand acres, at any time within the period fixed by the contract; he was authorized to cut timber in such quantities as he might deem expedient and sell the same.

At the time of entering into this agreement, by virtue of a previous agreement there was manufactured and unmanufactured stock on hand, which Hume, by force of…